To approve an enterprise agreement, the Fair Work Commission must be satisfied: the proposed enterprise agreement application must be submitted to the Fair Work Commission within 14 days of the agreement or within an additional period of time, as permitted by the Fair Work Commission. 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. Under the Fair Work Act 2009, the following new enterprise agreements can be concluded: an enterprise agreement must contain the following conditions: workers can take collective 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. 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. Good faith requirements that meet the negotiating conditions do not require a negotiator to make concessions for the agreement during negotiations or to agree on the terms to be included in the agreement. A Greenfields agreement is an enterprise agreement for a new employer or employer business before the workers are employed. This can be either an individual enterprise agreement or an agreement with several companies. The parties to a Greenfields agreement are the employer (or employer in a Greenfields agreement with several companies) and one or more workers` organizations involved (usually a union). There are no employees who vote on a Greenfields agreement.
This type of agreement must be signed by each employer and any relevant workers` organization it covers. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement. From that date, an employee`s terms and conditions are deducted from the enterprise agreement. "The best result is that we will reach an agreement with a safe workforce, so we know that at some point there will be enough police, firefighters, ambulances and SES operators so that no one is waiting on the line," she said. An enterprise agreement must not contain illegal content. 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). The Fair Work Commission will check company agreements to verify illegal content. The Fair Work Commission cannot approve an enterprise agreement containing illegal content. Workers must approve the agreement by voting in support.
Voting can only take place if workers have been informed of their right to negotiate at least 21 days after the day. A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. If, after six months of negotiations, the employers` and trade union organizations fail to agree on the terms of a Greenfields agreement, the employer can continue to submit the agreement to the Fair Work Commission.