There is no obligation for an employer to enter into negotiations for an EA with an employee or union if it does not wish to do so. However, if an employer formally refuses to negotiate, it is up to the workers (usually through their union) to withdraw or ask the FWC for a formal vote to support the business bargaining process among employees. If a majority of workers vote in favour of enterprise bargaining, the FWC will give a majority decision and the employer will then be required to negotiate in good faith. It is also open to workers to obtain orders from the FWC that authorize the exercise of trade union actions (for example. B strike or a campaign of domination). Of course, entry into an EA can sometimes be a requirement of a prime contractor before entering into a contract to carry out work, especially on large construction sites. This type of application is as controversial as “settlement agreements” with a union, but which are not approved by the FWC. The FwK plays an important role at all stages of an enterprise agreement: information on the process, evaluation and approval of agreements reached and the resolution of potentially employment disputes. Individual enterprise agreements can also be used by employers with only one interest, i.e. employers who participate in joint ventures or other types of joint ventures, for example.B. franchisees can apply to the Fair Work Commission for approval of an agreement with a single company. When modern rewards offer basic employment standards for entire sectors or trades, enterprise agreements are tailored agreements that meet the needs of a given company. These collective agreements are concluded between employers and workers and generally concern the conditions of employment for all.
Companies can enter into agreements with their elected representatives between one or more employers and two or more employees. They will generally address a wide range of issues, including terms of employment, pay rates and dispute resolution procedures. These agreements do not contain illegal content, such as discriminatory or reckless conditions. Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer. While parties wishing to negotiate an agreement on several companies are theoretically subject to fair obligations, no negotiating decision can be sought by the Fair Labour Commission to enforce these obligations. Anti-work actions cannot be taken as part of an agreement on several companies, but the requirements for worker consent are heavier than in the case of agreements with a company. In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement.