Enterprise Agreement Legal Requirements

To avoid confusion and misunderstanding, it is important to ensure that the labour agreement contains all claims in the NES. Where a clause in an employment contract provides a less favourable right to a worker than the equivalent right in the NES, the law applies under the NES and can be enforced by the worker regardless of the terms of the contract. In the case of enterprise agreements other than the Greenfields agreements, employers who enter into the agreement must inform their employees of their right to negotiate the agreement by a negotiator such as a union prior to the agreement. Depending on the workers, there may be several bargaining representatives who will be covered by the agreement. The operating contract is then negotiated, in which case all parties must participate in good faith. After the negotiations, staff will receive a copy of the agreement and will be invited to vote on it. The agreement is reached when the majority of employees sign it. If the agreement is reached with several companies and the majority of employees in each employer do not approve it, it applies only to employers, the majority of whom have approved it. 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. Note: For requests for agreement with several companies or if you are about to start a series of sectoral negotiations that will result in the submission of a large number of applications for contract authorization.

Communication to the Commission prior to the submission of the application will help the Commission to process applications in a timely and consistent manner. Enterprise agreements generally encompass a wide range of issues such as: Former AAs may be terminated upon request from the FWC by employer and worker agreement or at the request of the employer alone. In the past, it was difficult to get the agreement of the FWC to lay off a former EA without the consent of the workers. Under the Fair Work Act, the FWK must consider the public interest in review if a contract is to be terminated. The FWC has a wide discretion to examine both the objectives of the legislation and, importantly, the impact that redundancy will have on employers and workers and their ability to negotiate effectively. The Fair Work Commission`s website provides a series of tools and guides to help reach an agreement. It can also be tailored to the needs of a given company. 15.2 Mandatory arbitration. Any controversy, dispute or claim related to this agreement is settled exclusively by a mandatory arbitration at a location indicated by Fathym in Denver, Colorado (USA). Such an arbitration procedure is conducted in English, in accordance with the rules of the American Arbitration Association and then in force (“Rules”). Each party can begin arbitration by filing an arbitration application, as set out in the rules. Arbitration is made before a single neutral arbitrator, chosen by the party unit.

If the parties fail to agree on the appointment of an individual arbitrator within 30 days of the date of an arbitration application, a neutral arbitrator will be selected in accordance with the rules.