In addition, Section 226 of the Act complies with its provisions. These conditions provide that, at the request of a person concerned, an agreement that has exceeded its nominal expiry date must be terminated if the circumstances mentioned in Section 226 are met. Full Bench recognized that productivity gains could also be achieved by terminating agreements. While an enterprise agreement may be technically “outdated” after the expiry of the nominal expiry date, under the FW Act, an enterprise agreement ceases to exist and regulate the working relationship between the parties until it has been amended, terminated or replaced. A new enterprise agreement can only enter into force when the previous agreement has exceeded its nominal expiration date. Aurizon submitted that the conditions set out in Section 226 were met and that the Commission was required to denounce the business agreements that expired. Third, a successful redundancy application does not mean that an employer must or may even automatically reinstate existing workers to premium wages. Despite the fact that the rhetoric around these successful employer applications is that workers` wages are “returned to distinction”, the reality is that this does not happen much (if at all). When a negotiator violates one or more bargaining mandates, a negotiator can apply to the Fair Work Commission to help resolve the dispute. If you are considering creating an EA or if you have a historical agreement that causes chaos in your organization, or if you would like to discuss an aspect of this article, please contact us.
For the above reasons, it is important for employers to seek advice on their bargaining strategy for companies, including the reasons that could be obtained if their enterprise agreement is not reported. But the rumors of the fall of the Fair Work Act are clearly exaggerated. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. In the end, the Commission accepted Griffin Coal`s request to terminate the enterprise contract. This decision was subsequently appealed, but the Commission`s full-fledged bank upheld the original decision and found that all relevant factors had been considered fairly and fairly. In this case, the parties had negotiated for several months without reaching an agreement. The union parties argued that the denunciation of the agreements would jeopardize the negotiation process and give Aurizon an advantage in the negotiations. Full Bench found that nothing was inherently inconsistent with the termination of an enterprise contract that had exceeded its nominal expiry date and the continuation of collective bargaining in good faith. The Fair Work Act 2009 (“FW Act”) provides a mechanism by which employers can negotiate directly with their employees in order to conclude an agreement specifically tailored to their employees and which sets the conditions of the working relationship between the employer, its employees or a group of its employees. These agreements are called enterprise agreements.
The real advantage of enterprise agreements is that if the parties are unable to reach agreement on the terms of a proposed enterprise agreement, a negotiator can apply to the Fair Labour Commission and ask for help. McDonalds is an interesting example of what can be done.