Departments and agencies and their negotiators should become familiar with the strict requirements of good faith negotiations in Part 2 – 4 of the FW Act. Since the passage of the Fair Work Act, parties to Australian federal collective agreements have submitted their contracts to Fair Work Australia for approval. Before approving an enterprise agreement, a member of the tribunal must be satisfied that workers employed under the agreement are “better out of the general state” than if they were employed under the modern arbitration award. 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. An employer issuing a Greenfields agreement must notify in writing any workers` organization that is a bargaining representative for the proposed agreement. This communication must include the beginning of the six-month negotiation period for the Greenfields agreement. Below are the three types of employment contracts that can be concluded: The Fair Labour Commission`s website offers a series of instruments and guides that are being researched. An IFA can be terminated either by a written agreement between the employer and the worker, or by the employer or worker by written notification. Modern rewards require 13 weeks` notice, but this may be different in an enterprise contract (but no more than 28 days). In addition, the FWC must be satisfied with the agreement: There are no staff to vote on a Greenfields agreement. This type of agreement must be signed by each employer and any relevant workers` organization it covers.
Once negotiations on the enterprise agreement between the representative parties have been concluded, the agreement will have to be voted on. All workers covered by the outstanding agreement are entitled to vote on the agreement. If the majority of staff who voted valid approve the agreement, the Enterprise Agreement will be submitted to the FWC for approval. 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.