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. Each enterprise agreement must include a concept of flexibility with individual modalities of flexibility. A registered agreement sets out the conditions of employment between a worker or a group of workers and one or more employers. Employers, workers and their representatives are involved in the process of negotiating a proposed enterprise agreement. The employer must notify its employees of the right to be represented by a negotiator when negotiating an enterprise agreement (with the exception of an agreement on green grasslands) and no later than 14 days after the deadline for notification of the agreement (usually the start of negotiations). Disclosure should be notified to any current worker who is covered by the enterprise agreement. To approve an enterprise agreement, the Fair Work Commission must be satisfied that if a job has a registered contract, the premium does not apply. However, in an enterprise agreement, it is possible to reorganize different categories of leave or working time or remuneration as long as the agreement goes through the Better Off Overall Test (BOOT): on the whole, employees must be better off than they would be below the price. For example, if a flat rate plus the base rate is paid instead of the base rate plus overtime, the overall income must be higher than what would be paid for the corresponding model of overtime work under the premium. The trial can last for many weeks or months.
Much research, meetings and discussions are required with employers, workers and negotiators. Before the process begins, employers must inform employees of their intention to negotiate and give them sufficient time to find an appropriate negotiator. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. However, it is necessary to keep the individual terms and conditions of each worker informed instead of simply deferring them to the EA, and the employer is sticking to the terms of the applicable industrial premium, which may contain some impactivity. The Fair Labour Commission can adopt a definition of employment that imposes conditions on the workers for whom it applies. In addition, the Fair Labour Commission can make a serious declaration of violation in the event of a serious and persistent violation of a negotiating settlement that has significantly undermined the negotiations. If things are not resolved after 21 days, the Fair Work Commission can make a decision in the workplace. As a general rule, an enterprise agreement has the following advantages: if you agree to an agreement, the employer must send each employee a communication allowing them to negotiate individually or through a negotiator. For workers who are unionized, their union is their default representative if they do not make their own communication. They may designate their union as a bargaining representative, or they may be involved in the negotiations themselves or appoint another person as their representative.
The employer must negotiate in good faith with all negotiators (not just the union) when there is no obligation to reach an agreement. This means responding reasonably to the negotiators` proposals, including providing financial information to support the allegations about the financial imperatives of the organization. The Fair Work Commission can then help some low-paid workers and their employers negotiate an agreement on several companies and make a decision in certain circumstances.