Q: Should the Fair Labour Commission approve an amendment to an enterprise agreement? A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation 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. Employers have these powers for six months, and all changes to your employment contract, wages and conditions are permanent. Q: What changes has the government made to changes to enterprise agreements? Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer. No, an employer violates the general protection of the Fair Work Act 2009 if it takes action or threatens to take steps to encourage a worker to vote in favour of an amendment to an enterprise agreement. A registered agreement sets out the conditions of employment between a worker or a group of workers and one or more employers. Negotiators are required to act in good faith in the process of negotiating a proposed enterprise agreement.
The Fair Work Commission can also help employers and workers who are embarking on the “New Approaches” program. Learn more about the new approaches on the Fair Labour Commission website. An employer issuing a Greenfields agreement must notify in writing any workers` organization that is a bargaining representative for the proposed agreement. This communication must include the beginning of the six-month negotiation period for the Greenfields agreement. The Fair Work Commission will check company agreements to verify illegal content. The Fair Work Commission cannot approve an enterprise agreement containing illegal content. Q: Can my employer pressure me to accept an amendment to an enterprise agreement? 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. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement.
Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers.