Enterprise Agreement Flowchart

In the case of an enterprise agreement, the FW Act requires parties to include a dispute resolution clause. Business agreements submitted to the Fair Work Commission in the absence of such a clause are not approved. Dispute resolution clauses in enterprise agreements must provide a dispute resolution procedure: modern rewards cover an entire sector or profession and provide a safety net for minimum wages and conditions of employment. Business agreements can be tailored to the needs of some companies. Note: For requests for agreement with several companies or if you are about to start a series of sectoral negotiations that will result in the submission of a large number of applications for contract authorization. Communication to the Commission prior to the submission of the application will help the Commission to process applications in a timely and consistent manner. The Fair Work Commission`s website provides a series of tools and guides to help reach an agreement. E-Mail-member.assist@fwc.gov.au for more details or assistance on the legal requirements in the contracting process, and a member of the Commission`s agreement team will contact you within 2 working days. Enterprise agreements generally cover a wide range of topics such as: an enterprise agreement can be concluded between one or more employers and two or more employees with their elected representatives. The procedures for approving enterprise agreements vary depending on the type of agreement. Where a provision of an arbitration award, enterprise agreement, employment contract or other written agreement relates to a dispute with respect to the Fair Work Commission: where a dispute concerns workers in an enterprise agreement relating to the NES or an enterprise agreement, the dispute settlement procedure applies in the enterprise agreement and should be followed.

Under the Fair Work Act 2009, contracts continue to apply after their nominal expiry date until they are replaced or terminated by a request to the Commission. The provisions of the Fair Labour Act 2009 (transitional provisions and subsequent amendments) continue to serve as transitional instruments based on agreements. A «typical dispute resolution clause» is included in the 2009 Fair Work Regulations and can be used to develop a concept of dispute resolution in an enterprise agreement. You will find a link to the clause in the «More Information» section at the end of this manual. Unless it is included in an employment contract, enterprise agreement or other written agreement allowing the Fair Work Commission to deal with the dispute. If the employer and the worker are not subject to an enterprise agreement or a modern award with respect to the dispute, the procedure applies in an employment contract (if any). Even if there are no modern distinctions, enterprise agreements or other industrial instruments in a given workplace, employers will apply best practices to resolve disputes in workers` employment contracts or in corporate policy documents. In the case of a «Green Fields» agreement that does not employ employees, the employer negotiates with one or more workers` organizations (unions) involved. Dispute resolution procedures should not, as far as possible, affect the sustainability of the activity.