For more information on how to negotiate in good faith and in companies that have proven themselves, see the Ombudsman`s Guide to Good Practice for Fair Work – improving productivity at work in negotiations. Under the Industrial Relations Act 1996, the Commission`s mission is to define workers` pay and other conditions of employment, to settle labour disputes, to resolve other industrial issues such as claims to dismissal, unfair contracts and victimization.  Each enterprise agreement must include a concept of flexibility with individual modalities of flexibility. Under the Fair Work Act 2009, the following new enterprise agreements can be concluded: workers can take industrial action when negotiating a draft enterprise agreement. There are strict rules governing union action under the Fair Work Act 2009, including the rights, duties and obligations of employers, workers and their organizations. For more information, see the Fair Work Ombudsman – Trade Union Actions fact sheet. If the parties fail to agree on the terms of a proposed enterprise agreement, a representative of the negotiations may ask the Commission for assistance in fair work. Negotiators are required to act in good faith in the process of negotiating a proposed enterprise agreement. Before approving an enterprise agreement, the Fair Work Commission must ensure that approval of the agreement would not jeopardize the negotiations of one or more negotiators on a proposed enterprise agreement. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. An enterprise agreement must include the following conditions: the wage rate 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 to a national minimum wage scale. Start with our document search and try to search for full-text chords. 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.
An enterprise agreement must not contain illegal content. In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement. Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers.