«We don`t want to pay premiums, can we not just have an enterprise agreement?» Well, no, it`s not that simple. 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. A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. Each enterprise agreement must include a concept of flexibility with individual modalities of flexibility. What is an enterprise agreement (sometimes called EBA)? An enterprise agreement («EA») is a legislated agreement between an employer and a group of workers that, in its in progress, replaces an applicable industrial premium. If you agree to an agreement, the employer must send each worker a communication giving them the opportunity to negotiate individually or through a bargaining representative. For workers who are unionized, their union is their default representative if they do not make their own communication. They may designate their union as a bargaining representative, or they may be involved in the negotiations themselves or appoint another person as their representative. The employer must negotiate in good faith with all negotiators (not just the union) when there is no obligation to reach an agreement. This means responding reasonably to the negotiators` proposals, including providing financial information to support the allegations about the financial imperatives of the organization.
The terms of an enterprise agreement, transitional instruments (assignment or convention) and modern rewards cannot exclude the NES, and those who do so will have no effect. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. There is an enterprise agreement between one or more employers in the national scheme and their employees, as defined 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. The employer may ask workers to vote as part of the agreement (but must ensure that it is seven days or more depending on the agreement and 21 days or more after the NERR is made available to employees). The vote can only be held after the government approves the agreement. Under no circumstances can an agreement be proposed for the approval of workers after agreement in principle and before it is approved by the government.
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. However, it is not enough to simply offer, answer questions and explain the agreement to workers on demand, especially if the proposed agreement removes the important rights that workers would otherwise have enjoyed.