Action Enterprise Agreement
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. If, after six months of negotiations, the employers` and trade union organizations fail to agree on the terms of a Greenfields agreement, the employer can continue to submit the agreement to the Fair Work Commission. An agreement is reached with a single company between a single employer (or more than two or more employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. Employers with a common interest are employers who are in a joint venture or joint venture or who are related companies. They may also be employers approved by the Commission for fair work as an employer with a single interest, which can be either franchised or by other employers, if the Minister of Labour has made a statement. 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). Employers and workers should seek professional advice on trade union actions, as significant sanctions, including individual sanctions, may apply. People working in the construction industry may also be required to consider the enforcement actions of the Australian Construction and Construction Commission (ABCC). From the employee`s point of view, a common law contract with an underlying bonus allows an employee to keep his remuneration and conditions confidential if he wishes and to negotiate with an employer according to his own needs and wishes.