The application for a proposed company agreement must be submitted to the Fair Work Board within 14 days of the conclusion of the contract or within an additional period authorized by the Fair Work Board. If you agree to negotiations, the employer must send each employee a notice that gives them the opportunity to negotiate individually or through a negotiator. For unionized workers, their union is their standard representative if they don`t fire themselves. They can appoint their union as a negotiator, or they can choose to participate in the negotiations themselves, or they can appoint another person as their representative. The employer must negotiate in good faith with all negotiators (not just the union), although there is no obligation to reach an agreement. This means responding appropriately to negotiators` proposals, including providing financial information to support any claims regarding the organization`s financial imperatives. There are no employees who can vote on a new basis agreement. This type of agreement must be signed by each employer and any relevant workers` organisation it covers. Under the Fair Work Act 2009, the following new company agreements can be concluded: Company agreements are agreements concluded at the company level between employers and employees and their union on working and employment conditions. An employer who submits a new agreement must notify in writing any workers` organization that is a negotiator of the proposed agreement. This notification shall include the start date of the six-month negotiation period for the Greenfields Agreement. An important legal issue relating to company agreements was raised by the decision of the High Court of Australia in Electrolux v.
The Australian Workers` Union. The question revolved around what these industrial instruments could cover. The Australian Industrial Relations Board decided the issue in 2005 in the three certified agreements. A final point regarding contracts is that it may be desirable for certain issues to be dealt with in the employer`s policy rather than in a formal contract. Policies can be changed unilaterally by an employer if it gives employees reasonable notice, while contracts can only be changed by agreement (express or implied). In general, a company agreement has the following advantages: The Fair Work Commission can also assist employers and employees in corporate negotiations through its New Approaches program […].