A union is covered by a greenfields agreement if it has the right to represent the workers who are covered by the agreement and who have been parties to the agreement. A company agreement may also apply to an employee`s employment with 1 employer in certain circumstances, but not among others (e.g. B if the agreement is site-specific and the employee`s workplace changes). The question of when the agreement applies is determined on the basis of the scope and conditions of coverage of the agreement itself.  An enterprise contract must not contain any illegal content. There are no employees who can vote on a new basis agreement. This type of agreement must be signed by each employer and any relevant workers` organisation it covers. A company agreement cannot be concluded with a single employee.  If, after the termination of an employment contract, there is no replacement agreement approved by the Commission, the minimum conditions of employment and employment are determined by the applicable modern label.  At AWL, we believe that most small and medium-sized employers would be better off if they had a flexible common law contractual regime that is subject to all general industrial supply conditions, but this depends on the situation of the respective employer.
The starting point is really to sit down with the applicable price to the industry and ask whether an EE is really necessary or whether the same result can be achieved by other means, para. B example by using a common law contractual clause with an annualized wage agreement. Finally, employers adopt, at their own risk, “model” EAs or union-designed EAs (sometimes referred to as model negotiations). It`s worth spending time establishing an EA that meets the specific needs of your business. A company agreement can be formulated to cover all employees of the employer or a single group of employees (provided that the group of employees is selected fairly). As a rule, individual employees are not named in the coverage clause. Once negotiations have been concluded and a draft company agreement has been drawn up, it must be put to the vote of the workers covered by the agreement. If an IFA does not comply with these conditions, it will always have an effect. However, it may violate the Fair Work Act 2009. There are also strong safeguards in place to prevent an employee from being overly influenced or under pressure to enter into an AFI. Penalties of up to $13,320 for an individual and $66,600 for a business may apply. Employees must support the agreement by voting in favour of it.
Voting may not take place until at least 21 days after the date on which workers have been informed of their right to a bargaining representative. What is an Enterprise Contract? Why a company agreement? What do enterprise contracts cover? Does an Enterprise contract replace a bonus? Can I conclude my individual agreement? How do I get an Enterprise contract? How can I have a say in what the union negotiates for me? Are there rules for creating enterprise contracts? Do I have a Company contract? A negotiator is a person or organization that may designate any party to the company agreement to represent it during the negotiation process […].