Types Of Enterprise Agreements

A single-company agreement is concluded between a single employer (or two employers with a single interest) and workers employed at the time of conclusion of the contract and covered by the agreement. Employers with a single interest are employers who work in a joint venture or joint venture or who are related enterprises. They may also be employers approved by the Fair Work Commission as employers with a single interest, who may be either franchisees or other employers to whom the Minister of Labour has made a declaration. Since the enactment of the Fair Work Act, parties to Australian federal collective agreements have submitted their agreements to Fair Work Australia for approval. Before approving a company agreement, a tribunal member must be satisfied that the workers employed under the agreement are generally “better off” than if they were employed under the corresponding modern arbitration award. While parties wishing to negotiate an agreement on several companies are theoretically subject to bona foi bargaining obligations, the Fair Work Commission cannot obtain a negotiating mandate to enforce these commitments. Protected labour dispute actions cannot be taken under a multi-company agreement, but the staff authorisation requirements are more onerous than in the case of individual company agreements. In addition, a negotiating representative of a worker covered by the agreement may not conduct standard negotiations concerning the agreement. Typical negotiations are cases where a negotiator represents two or more proposed company agreements and seeks to conclude joint agreements with two or more employers. However, these are not standard negotiations if the negotiator is actually trying to reach an agreement.

The application for a proposed company agreement must be submitted to the Fair Work Commission within fourteen days of the conclusion of the contract or within an additional period granted by the Fair Work Commission. The decision of the High Court of Australia in the Electrolux case against The Australian Workers` Union has highlighted an important legal issue regarding company agreements. The question was what these industrial instruments could cover. The Australian Labour Relations Board ruled on the matter in 2005 in the three certified agreements. There are a number of reasons why an employer might consider entering into a company agreement, namely: Free Fair Work Act Guide DownloadFor tips on negotiating a company agreement and other useful information, fill out the online form below to request free advice with an Employsure industrial relations specialist. . . .