Define An Enterprise Agreement

The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into a company agreement. A standard company agreement would take three years. An IFA may be terminated either by written consent between the employer and the employee, or by the employer or employee by written notice. Modern premiums require 13 weeks` notice, but this may be different in a company agreement (but no more than 28 days). There are a number of reasons why an employer might consider entering into a company agreement, namely: an employer may have separate company agreements with different groups of workers, with conditions specifically tailored to that group. However, categories of workers must be chosen equitably, taking into account geographical, professional and organisational characteristics. Employers, workers and their negotiators are involved in the process of negotiating a proposed company agreement. An employer must inform its employees of the right to be represented by a negotiator during the negotiation of a company agreement (with the exception of an agreement in the green meadow) as soon as possible and no later than 14 days after the date of notification of the agreement (normally start of negotiations). Notification must be made to any current employee who is covered by the company agreement.

No no. You can no longer enter into new individual agreements. The goal is to protect people from opposition. Before approving a company agreement, the Fair Work Commission must be satisfied that approval of the agreement would not in good faith jeopardise the negotiations of one or more negotiators for a proposed company agreement. The Fair Work Commission examines company agreements to determine illegal content. The Fair Work Commission cannot approve a company agreement containing illegal content. A final point with regard to contracts is that it may be desirable for certain issues to be dealt with in employers` policy and not in a formal contract. Guidelines can be changed unilaterally by an employer if they give employees reasonable notice, while contracts can only be changed by agreement (explicit or implied). Where appropriate, the Fair Trade Committee may adopt a negotiating decision concerning the proposed agreement. A bargaining decision includes the measures required by the Fair Work Board, the measures that should not be taken and other matters that the Fair Work Board deems necessary to promote fair and effective negotiations.

Company agreements are agreements concluded at company level between employers and workers and their unions on working and employment conditions. .

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