Workers are able to take industrial action when negotiating a draft enterprise agreement. There are strict rules governing union action under the Fair Work Act 2009, including the rights, duties and obligations of employers, workers and their organizations. For more information, see the Fair Work Ombudsman – Trade Union Actions fact sheet. Under Australia`s labour law, the 2005-2006 industrial reform, known as “WorkChoices” (with the corresponding amendments to the Workplace Relations Act (1996), changed the name of these contractual 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. 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. Workers must approve the agreement by voting in support. Voting can only take place if workers have been informed of their right to negotiate at least 21 days after the day. FREE Fair Work Act Download GuideFor tips for negotiating a business agreement and other useful information, fill out the online form below to request a free consultation with an Employeesure labour relations specialist. The old EAs can be terminated on request from the FWC, with the agreement of the employer and employees, or at the employer`s sole request. In the past, it was difficult to get the agreement of the FWC to lay off a former EA without the consent of the workers. Under the Fair Work Act, the FWK must consider the public interest in review if a contract is to be terminated. The FWC has a wide discretion to examine both the objectives of the legislation and, importantly, the impact that redundancy will have on employers and workers and their ability to negotiate effectively.
On the one hand, collective agreements benefit at least in principle employers, as they improve “flexibility” in areas such as normal hours, flat-rate hourly wage rates and benefit conditions. On the other hand, collective agreements benefit workers, since they generally offer higher wages, bonuses, additional leave and higher rights (such as redundancy pay) than a bonus. [Citation required] Organizations that are negotiators (employers, employers` organizations and trade unions) for a proposed enterprise agreement must disclose certain financial benefits that they (or certain related parties) may obtain (or could obtain) because of the length of the proposed agreement.