Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. Enterprise agreements can include a wide range of topics such as: Although there are no longer individual legal contracts under the Fair Labour Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the real needs of the employee and employer. An agreement is reached with a single company between a single employer (or more than two or more employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. Employers with a common interest are employers who are in a joint venture or joint venture or who are related companies. They may also be employers approved by the Commission for fair work as an employer with a single interest, which can be either franchised or by other employers, if the Minister of Labour has made a statement. Once negotiations on the enterprise agreement between the representative parties have been concluded, the agreement will have to be voted on. All workers covered by the outstanding agreement are entitled to vote on the agreement. If the majority of staff who voted valid approve the agreement, the Enterprise Agreement will be submitted to the FWC for approval. The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or under a national minimum wage scale. The three types of employment contracts that can be concluded are listed below: an enterprise agreement can complement national employment standards, which are a set of 10 minimum employment standards applicable to workers. For example, an enterprise agreement may apply to the average working time. However, it cannot offer less than those standards provide. Enterprise agreements must also include a concept of “flexibility” allowing employees to negotiate the enterprise contract with their employer and to conclude an individual flexibility agreement that applies only to them.
The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into an enterprise agreement. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement. From that date, an employee`s terms and conditions are deducted from the enterprise agreement. 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. The old EAs can be terminated on request from the FWC, with the agreement of the employer and employees, or at the employer`s sole request.