The proposed application for an enterprise agreement must be submitted to the Fair Labour Commission within 14 days of the date of filing or within an additional period of time, as permitted by the Fair Work Commission. The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or under a national minimum wage scale. If necessary, the Commission for Fair Work can adopt a negotiating decision on the proposed agreement. A negotiating settlement will include measures that the Fair Work Commission must take, measures that should not be taken and other issues that the Commission deems necessary for fair work to promote fair and effective negotiations. The business negotiation process is a minefield of legal, financial and reputational risks. However, if done correctly, it can also be a very effective way to reflect and improve your company`s brand. What can your company do to manage risk and make the most of the branding process? Workers are able to take industrial action when negotiating a draft enterprise agreement. There are strict rules governing union action under the Fair Work Act 2009, including the rights, duties and obligations of employers, workers and their organizations. For more information, see the Fair Work Ombudsman – Trade Union Actions fact sheet. Since the passage of the Fair Work Act, parties to Australian federal collective agreements have submitted their contracts to Fair Work Australia for approval.
Before approving an enterprise agreement, a member of the tribunal must be satisfied that workers employed under the agreement are “better out of the general state” than if they were employed under the modern arbitration award. On the one hand, collective agreements benefit at least in principle employers, as they improve “flexibility” in areas such as normal hours, flat-rate hourly wage rates and benefit conditions. On the other hand, collective agreements benefit workers, since they generally offer higher wages, bonuses, additional leave and higher rights (such as redundancy pay) than a bonus. [Citation required] 9. Obtaining a majority in favour of the proposed agreement Organizations that are negotiators (employers, employers` and trade union organizations) in favour of a proposed enterprise agreement must disclose certain financial benefits that they (or certain related parties) may obtain (or could obtain) on the basis of a duration of the proposed agreement.