Australian Competition And Consumer Commission Enterprise Agreement

3. Dezember 2020

An important step in enterprise agreements is to explain the conditions and consequences for staff before the vote. The nature of this statement and its adequacy have been questioned in recent times and should remain a priority for employers. For employers who wish to enter into enterprise agreements, compliance with enterprise bargaining and pre-authorization procedures is an increasingly detailed and difficult area. It will remain a priority for enterprise negotiations in 2020, so that their agreements are properly concluded and can be approved by the Fair Labour Commission and there is no dispute as to their validity. Instead, full Bench found that workers who have the right to vote through a proposed enterprise agreement are workers who worked during the access period and before the start of the voting period. In the particular circumstances of this case, the reasonable steps taken to explain the contractual terms and the effect of those conditions contained an explanation of the less advantageous terms of the proposed agreement in relation to the existing commercial conditions of the workers in the context of the award. In the absence of evidence that the company had taken these steps, the Board did not have a reasonable basis to ensure that such a statement had been made. The Commission cancelled the initial approval of the enterprise agreement and sent it back for reconsideration. The FWC is particularly concerned, since the Mondelez dispute, that the leave rights granted by an agreement are no less advantageous compared to the NES. When the agreement contains an NES savings rule, contributions can often be submitted to address these issues. Full Bench rejected the employer`s approach of allowing workers who were hired first after the vote began. Full Bench stated that it was „logically absurd“ to allow newly recruited workers to vote for those who did not have access to the proposed agreement or who had them explain the agreement and pointed out the practical difficulties that would arise if employers were to be permanently registered on the electoral roll during the election period and until the end of the vote. In this case, the 2010 Black Coal Mining Award was awarded to employees at the time of the vote.

Previously, an enterprise agreement applied to these employees when they were employed by the parent company. To explain the terms and effects of the agreement offered to employees, the employer chose the parent company`s enterprise agreement as a reference point and not as a bonus. CFMEU`s recent case against Ditchfield Mining Services Pty limited [2019] FWCFB 4022 has improved some emission forces on the steps an employer must take to explain the agreement to employees. The full-fledged bank found that Section 180 (5) of the Fair Work Act includes a dual obligation to explain the contractual terms and effect of those conditions. Whether the statement is satisfactory depends on the circumstances of this case. If your application has already been filed, you can verify the status of your contract by sending an email to the Commission`s team for the agreements. The Full Bench notes that appropriate measures to explain the conditions must be assessed in the circumstances of the case. He noted that compliance with this obligation does not always require an employer to identify in an agreement any disadvantages to modern attribution, particularly in cases where an existing enterprise agreement applies to workers and not to modern allocation.


Mein Name ist Matthias Regge aka. Prinny. Ich schreibe über Videospiele und bizarre Dinge, die sich in meinem Kopf abspielen.

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