Act Government Enterprise Agreements

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. 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. A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. The Fair Work Commission can then help some low-paid workers and their employers negotiate an agreement on several companies and make a decision in certain circumstances. In order to approve an enterprise agreement, the Fair Labour Commission must be satisfied that: transitional instruments based on the agreement include several collective agreements and collective agreements that could be concluded before July 1, 2009 under the former Workplace Relations Act 1996. These include transitional individual contracts (ITEAs) concluded during the “transition period” (July 1, 2009-December 31, 2009). These agreements will continue to function as transitional instruments based on agreements until they are denounced or replaced. The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into an enterprise agreement. Enterprise negotiations are the process of negotiation in general between employers, workers and their representatives in order to conclude an enterprise agreement.

The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process should proceed, including rules on negotiations, the content of business agreements and how an agreement is concluded and approved. An enterprise agreement must include the following conditions: The Fair Work Commission verifies company agreements for illegal content. The Fair Work Commission cannot approve an enterprise agreement containing illegal content. Greenfields agreements are permitted where workers` organizations covered by the agreement have the right to represent the interests of the majority of workers, which is in the public interest. An IFA can be terminated either by a written agreement between the employer and the worker, or by the employer or worker by written notification. Modern rewards require 13 weeks` notice, but this may be different in an enterprise contract (but no more than 28 days). Under the national industrial relations regime, there are two categories of agreements: an enterprise agreement exists between one or more employers in the national scheme and their employees, as stipulated in the agreement. Enterprise agreements are negotiated in good faith by the parties in collective bargaining, particularly at the enterprise level. Under the Fair Work Act 2009, a company can represent any type of business, business, project or business.