For the three categories of EAs available, the FW Act requires the agreement to address certain “eligible matters”, including, but not limited to, the following: Negotiators are required to act in good faith in the process of negotiating a proposed enterprise agreement. While it is not always possible to prevent a person from making claims under this section, even if the person takes the utmost care in dealing with employment relationship matters, the FWC has the discretion to reduce the penalty payable by a person if it is of the opinion that the person`s participation in the violation was not intentional. For more information on agreement-based transition instruments, including the amendment and termination of such agreements, see www.fairwork.gov.au. Under the Fair Work Act, 2009, the following new company agreements can be entered into: As a result, a fundamental step in the life cycle of an SOE is for the employer to determine how it will treat the SO once it reaches its nominal expiry date. Given the risks inherent in the continued application of the Agreement, employers must take care to avoid situations where workers are disadvantaged in relation to modern minimum supply requirements or where contractual conditions become unattractive to the employer due to emerging economic conditions. Employers should be careful not to confuse the expiry of an enterprise contract with the termination of a company agreement, as it is only in the latter case that all bonus conditions (if one of them applies to the workforce) resume their application and therefore continue to comply with the terms of the company agreement until it no longer functions legally. The Fair Work Act 2009 (Cth) (“FW Act”) provides a mechanism by which employers can negotiate directly with their employees to reach an agreement specifically tailored to their workforce that defines the terms of the employment relationship between the employer, its employees or a group of its employees. These agreements are called company agreements. The real advantage of company agreements is as follows: There are 2 ways to express the nominal expiry date in a company agreement: This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice regarding your particular situation. Please also note that the law may have changed since the date of this article. An interesting example of what can be done is McDonald`s. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement and used various meeting rooms to encourage participation, including the shutdown of movie theaters.
The union, in consultation with McDonald`s, has prepared contract summaries on the differences between the terms of the contract and the current terms. Employees were provided with hard copies of abstracts or had access to electronic versions and copies on bulletin boards. Other meetings were held by the union where explanations could be given and questions could be asked. Employees were also able to contact the human resources of each state for clarification on the matter. The FWC decided that these were appropriate measures to ensure that the declaration was provided appropriately, taking into account the needs of staff, including young people. .