Workforce International Enterprise Agreement
Before approving an enterprise agreement, the Fair Work Commission must ensure that approval of the agreement would not jeopardize the negotiations of one or more negotiators on a proposed enterprise agreement. If necessary, the Commission for Fair Work can adopt a negotiating decision on the proposed agreement. A negotiating settlement will include measures that the Fair Work Commission must take, measures that should not be taken and other issues that the Commission deems necessary for fair work to promote fair and effective negotiations. The proposed application for an enterprise agreement must be submitted to the Fair Labour Commission within 14 days of the date of filing or within an additional period of time, as permitted by the Fair Work Commission. In this article, we consider the idea promoted by this bill and share ideas for employers to negotiate in 2015, especially where there is an appetite to question the contributions that enterprise agreements can make to the overall efficiency and productivity of their business. Understand what motivates your employees, and position your ideas for enterprise agreement in a way that resonates. Organizing interviews and questionnaires at the beginning of the negotiation process can help test or confirm assumptions, which really motivates your staff. This, in turn, can give an insight into how you can increase production without affecting gross margins. Ensuring that surveys are conducted at the right time, they will often perform better than a “one-off approach” for all. For example, one staff may respond to an e-mail survey, while others prefer counselling sessions in small focus groups. The Fair Work Commission can then help some low-paid workers and their employers negotiate an agreement on several companies and make a decision in certain circumstances. An enterprise agreement must not contain illegal content.
Greenfields agreements are permitted where workers` organizations covered by the agreement have the right to represent the interests of the majority of workers, which is in the public interest. Should the legislation ever pass the Senate, the Fair Work Commission should be satisfied that improving productivity in the workplace was discussed during negotiations on an enterprise agreement for the agreement to be approved. This means that the Commission can refuse approval of the agreement if an employer does not bring ideas to the negotiating table to improve productivity measures. It does not go so far as to impose real productivity improvements as a precondition for FWC approval. To approve an enterprise agreement, the Fair Work Commission must be convinced that an employer issuing a Greenfields agreement must notify in writing any workers` organization that is a negotiator of the proposed agreement. This communication must include the beginning of the six-month negotiation period for the Greenfields agreement. If the parties fail to agree on the terms of a proposed enterprise agreement, a representative of the negotiations may ask the Commission for assistance in fair work. Employers, workers and their representatives are involved in the process of negotiating a proposed enterprise agreement.
The employer must notify its employees of the right to be represented by a negotiator when negotiating an enterprise agreement (with the exception of an agreement on green grasslands) and no later than 14 days after the deadline for notification of the agreement (usually the start of negotiations).