The Fair Work Act 2009 contains strict rules and guidelines that all parties must follow to ensure that the process is fair. These include negotiating guidelines, binding conditions to be introduced and requirements to meet Fair Labour Commission (FWC) authorisation standards. This requirement applies to all agreements approved on or after January 1, 2014, including those submitted prior to January 1, 2014. This does not mean that business negotiations in the retail sector are dead, but retailers must carefully assess what they want to achieve through negotiation and then analyze whether this can be achieved in the current context. We have worked on this strategic analysis with a large number of retailers. We would be happy to share this experience with you to contact us on 02 9922 5188. As soon as an enterprise agreement has been reached, a negotiator must ask the Commission to approve the agreement using Form F16 – request for approval of an enterprise agreement on our form. What does this mean for employers who navigate negotiation and licensing procedures? Even employers who have traditionally paid well above premium rates find themselves in this situation because of poorly used classifications (usually at lower levels) that do not provide for a rate of pay as generous as more regular rates. This problem arises even in the agreements of the Australian Public Service (especially after the launch of the APS Enterprise Award 2015). The GSP is a sector that has been operating for so long under enterprise agreements that the gap between minimum premium rates and contractual rates that have been adopted appears to have resulted in the creation of such a buffer, that price-fighting assessments were no longer relevant to both employees and management. If this assumption is not tested, particularly among workers with shift work and inconsistent work schedules, it can be difficult to prove that all employees are better off overall. 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. Negotiations on enterprise agreements can take time. Once the negotiations are over, you should let the approval process go as smoothly as possible. We can contribute to a fair and transparent vote that meets the requirements of the Fair Work or the State Industrial Relations Commission for each electorate or sector. An agreement is reached on several companies between two or more employers (not all of whom are employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. The terms of an enterprise agreement, transitional instruments (assignment or convention) and modern rewards cannot exclude the NES, and those who do so will have no effect. 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).
When planning the approval process for your new business agreement, there are a number of things you need to think about. If you decide to work with us, we will document everything in a detailed plan before the vote begins. We take the same, meticulous approach in every round of voting, regardless of the size of the electorate. For more information on agreement-based transitional instruments, including the modification and termination of these agreements, see www.fairwork.gov.au.