Enterprise Agreements Fair Work Act 2009

17.6 Enterprise agreements govern the conditions of employment and may be concluded between one or more employers and their employees or one or more workers` organizations. However, a large part of the workforce in Australia is not covered by an enterprise agreement. [4] Under Australia`s labour law, the 2005-2006 industrial reform, known as “WorkChoices”[3] (with the corresponding amendments to the Workplace Relations Act (1996)) changed the name of these documents to a “collective agreement.” State industrial legislation may also impose collective agreements, but the adoption of the WorkChoices reform will reduce the likelihood of such agreements occurring. A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. While an enterprise agreement must have a nominal expiry date within four years, the agreement will persist after that date until it is replaced by a new enterprise agreement or denounced by the Fair Work Commission. Good faith negotiation is a key element of an enterprise agreement. The Fair Work Act 2009 describes in good faith the bargaining requirements to be followed during the process: an enterprise agreement must contain the following conditions: [14] Australian Council of Trade Unions, Submission CFV 39, 13 April 2011; Joint submission of domestic Violence Victoria e.a., CFV model 22, April 6, 2011; STROKE, CFV model 26, April 11, 2011; National Network of Women`s Centres for Work, CFV Model 20, April 6, 2011; Redfern Legal Centre, CFV Depot 15, April 5, 2011; Australian Services Union Victorian Authorities and Service Branch, sub-mission CFV 10, April 4, 2011. the boot application and determination procedure is “vaguely concluded between employer and worker, and these agreements do not require prior fair authorization from Australia for work”; [22] 17.69 The ALRC recognizes that no domestic violence clause will be suitable for all jobs. These requirements must be clear and applicable, but the clauses must be flexible enough to allow businesses to meet their specific needs.

This is why ALRC proposes the development of a series of standard family violence clauses. Fact 4: What happens if the nominal expiry date of an enterprise agreement expires? The ACTU has always expressed concerns about the IFA about the inherently unequal bargaining power between an employee and his employer. We fear that workers in precarious situations, such as domestic violence. B, should only be placed in an even more unequal and unfair bargaining position if the IFA is the only mechanism for leave or flexible work arrangements in situations of domestic or domestic violence. [16] 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. The AAS had a unique characteristic in Australia: during the negotiation of a federal enterprise contract, a group of workers or a union without legal sanctions could take union action (including strikes) to pursue their demands.

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