Negotiators are required to act in good faith in the process of negotiating a proposed enterprise agreement. Of course, entry into an EA can sometimes be a requirement of a prime contractor before entering into a contract to carry out work, especially on large construction sites. This type of application is as controversial as « settlement agreements » with a union, but which are not approved by the FWC. A Greenfields agreement is an enterprise agreement for a new employer or employer business before the workers are employed. This can be either an individual enterprise agreement or an agreement with several companies. The parties to a Greenfields agreement are the employer (or employer in a Greenfields agreement with several companies) and one or more workers` organizations involved (usually a union). The calculator is designed to be used alongside the « Making a Single Enterprise » agreement: step-by-step guide (PDF) and guide: reference to workers` representation rights (PDF). It is neither exhaustive nor a substitute for reading the specific provisions of the Fair Work Act 2009. The CBI`s appeal decision has had an impact on numerous applications for approval of an enterprise agreement, in which employers relied not only on authority in the CBI`s first decision, but also on the FWC`s unique enterprise agreement date calculator on its website. Greenfields agreements are permitted where workers` organizations covered by the agreement have the right to represent the interests of the majority of workers, which is in the public interest.
« We don`t want to pay premiums, can we not just have an enterprise agreement? » Well, no, it`s not that simple. The terms of an enterprise agreement, transitional instruments (assignment or convention) and modern rewards cannot exclude the NES, and those who do so will have no effect. An enterprise agreement should contain the following terms: An interesting example of what can be done concerns McDonalds. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement, using a large number of meeting places to encourage participation, including the rental of movie theaters. The union, in agreement with McDonald`s, prepared summaries of the agreement that outlined the differences between the terms of the contract and the current terms. Staff were allowed to do certification work or access electronic versions and copies on warning signs. Other meetings were organized by the union, during which explanations were given and questions were asked. Staff were also able to contact each state`s human resources department for clarification. The FWC decided that these were appropriate measures to ensure that the declaration was given appropriately, taking into account the needs of workers, including young people.
The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or under a national minimum wage scale. Each enterprise agreement must include a concept of flexibility with individual modalities of flexibility.