The Fair Work Commission will check company agreements to verify illegal content. The Fair Work Commission cannot approve an enterprise agreement containing illegal content. An enterprise agreement defines the conventional terms of employment between an employer and a group of workers that are normally concluded in good faith after negotiation between the workers, their representatives (often with a union) and the employer. While parties wishing to negotiate an agreement on several companies are theoretically subject to fair obligations, no negotiating decision can be sought by the Fair Labour Commission to enforce these obligations. Anti-work actions cannot be taken as part of an agreement on several companies, but the requirements for worker consent are heavier than in the case of agreements with a company. In general, an enterprise agreement has the following benefits: FREE Fair Work Act Guide DownloadFor advice on negotiating an enterprise agreement and other useful information, fill out the online form below to request a free consultation with an employee labour relations specialist. The Fair Work Commission can also help employers and workers who are embarking on the “New Approaches” program. Learn more about the new approaches on the Fair Labour Commission website. Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer.
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. The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into an enterprise agreement. [2] Multi-company agreements are much less common and are between two or more employers who are not employers with a single interest. An IFA can be terminated either by a written agreement between the employer and the worker, or by the employer or worker by written notification.