Making An Enterprise Agreement

It is the day of the end of the vote. Voting may take place within one day or over several weeks. The agreement will be reached on the last day of the vote. Some time ago, the series of cases closed by the Uniline decision (complaint by Uniline Australia Limited [2016] FWCFB 4969 (25 August 2016) clarified that a notice on workers` representation rights (Notice) should contain the text defined by the regulations, the only insertions to be the name of the employer; the proposed name of the agreement and the proposed scope of this agreement. It is not permissible to attach a context to give it context. More recently, the Commission confirmed that no changes or corrections were allowed, even if it was a question of specifying to the beneficiary who to contact within the Organisation if they had any questions (Aldi v SDAEA [2018] FWCFB 2485 (31 May 2018)). A company agreement sets out the minimum conditions of employment between one or more employers and their employees or a group of their employees. The agreement may apply either in isolation from another price or contain certain conditions of the respective higher price. Once negotiations on the company agreement between the representative parties have been concluded, the agreement will be put to a vote. All employees covered by the outstanding agreement have the right to vote on the agreement. If a majority of staff members who voted in due form agree with the agreement, the company agreement is submitted to the FWC for approval. Where appropriate, the Fair Trade Committee may adopt a negotiating decision concerning the proposed agreement. A bargaining decision includes the measures required by the Fair Work Board, the measures that should not be taken and other matters that the Fair Work Board deems necessary to promote fair and effective negotiations.

Within fourteen days from the date the agreement was reached, a negotiator must submit the agreement to the FWC for approval. To be approved, the agreement must pass the better off combination test (BOOT). A company agreement will be concluded by boot if the FWC is satisfied that each of the employees covered by the agreement is generally better placed than within the framework of the corresponding distinction. The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into a company agreement. In addition, the FWC must be convinced that the agreement: any consideration of these issues could well lead an employer to ask the rhetorical question: why am I being tried to enter into a company agreement? While some of the problems listed above are relatively easy to solve, others require careful thought….