Australian Competition And Consumer Commission Enterprise Agreement

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. In explaining the terms of the proposed enterprise agreement, employers must provide workers with existing terms of employment (which may be an existing enterprise agreement or one or more bonuses) as a reference point and be able to indicate in Form F17 the measures taken to explain the conditions and effects of the conditions for workers, to be described in detail. This page contains a list of applications for approval or modification of a business agreement currently being considered by the Fair Work Commission. What constitutes a “minor” error depends on the relevant circumstances and the nature of the unmet requirement. For example, staff information on when and where the vote will take place and the voting method applied immediately after the start of the access period should, in most cases, be a “minor error,” particularly when the turnout indicates that all workers with the right to vote or a clear majority voted on the agreement. However, if this is the first agreement in the company, the negotiators are inexperienced and most workers are not English-speaking, it should not be a “minor mistake.” In addition, the need to inform workers of the date and timing of the vote is more important than information on the voting method – the first requirement may affect the ability of workers to participate in the voting process, but not the second. Many employers have been discouraged from negotiating companies because of the strict rules for approving enterprise agreements. However, an amendment to the Fair Work Act 2009 (Cth) at the end of 2018 has reduced the bar for agreements that were to be approved by the FWC, despite “procedural or minor technical errors” regarding the steps of prior authorization or communication on representative workers` rights (NERR), provided the FWC remains convinced that the agreement was “actually accepted” by workers.