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. An employer must take the necessary steps to ensure that, before voting on the agreement, a registered agreement sets the conditions of employment between an employee or a group of workers and one or more employers. The Fair Work Act set a precedent for limiting certain rights of appeal in unfair dismissal cases, which show that this is possible. Anecdotal evidence indicates that these restrictions have reduced the Fair Work Commission`s workload in the event of unjustified dismissal claims that have no merit. Reducing the workload means approving more business agreements in a faster time frame. Enterprise agreements only come into force once they have been approved by the FWC. Before an enterprise agreement is approved, the FWC must settle for a number of issues, including: the NES in the FW Act contains a maximum standard of working time. However, the maximum according to the standard can be manipulated. As a result, workers are advised to agree on the number of hours worked per week and to determine when hours of work should be worked. Since some sectors are produced 24 hours a day, workers should not make assumptions about the hours of work during which they must work.
Hours could be included in the agreement by referring to a service table or other agreement. Note the comments on penalties (for “3 penalties”). Negotiators are required to act in good faith in the process of negotiating a proposed enterprise agreement. However, unions use the broad power of the Fair Work Commission to inquire about each application as a backdoor way to be heard on appeal. The implied threat of appeal is often sufficient justification for unions to intervene in the initial application for leave, even if they are unable to prove that they have members among the workers who negotiated the agreement. 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. It`s not true. The Fair Work Act provides that employers and workers can enter into agreements.
Unions have the privilege of being bargaining representatives if they have at least one member in the group of workers covered by the agreement. If they do not exercise this privilege and have nothing to do with the negotiation process, why should they be allowed to challenge any agreement reached? The enterprise agreement is one of five areas for working groups to consider. Trade union actions are dealt with by the FW Act (Ch 3 Pt 3-3). The FW law stipulates that trade union actions must be protected. These requirements include a protected action vote to determine whether workers wish to take special protected work actions for the proposed labour agreement. No action is taken against a party who takes protected social conflict action unless the complaint relates to wilful and reckless bodily harm (S 415). As of July 1, 2009, legal agreements can be reached under the FW Act.