Enterprise Agreements Act

On December 11, 2018, the Fair Work Amendment (Repeal of 4 Yearly Review and Other Measures) Act 2018 received royal approval. On December 12, 2018, Schedule 2 amendments to the procedural requirements for enterprise negotiations began. Below is a list of points that could be included in negotiations on individual agreements. An enterprise agreement is an agreement on permissible matters: when a worker is covered by both an enterprise agreement and a modern bonus, the basic rate of pay under the enterprise contract must be at least equal to that of the modern bonus. It must also indicate an expiration date that must not exceed four years after the Fair Labour Commission approves the agreement. Finally, certain conditions cannot be included in an enterprise agreement, such as discriminatory terms.B. Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer. An IFA can be terminated either by a written agreement between the employer and the worker, or by the employer or worker by written notification. Modern rewards require 13 weeks` notice, but this may be different in an enterprise contract (but no more than 28 days).

In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement. Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers. However, it is not a standard negotiation if the negotiator is really trying to reach an agreement. An enterprise agreement can complement national employment standards, which are a series of 10 minimum employment standards for 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.

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