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. Employers, workers and their representatives are involved in the process of negotiating a proposed enterprise agreement. The employer must notify its employees of the right to be represented by a negotiator when negotiating an enterprise agreement (with the exception of an agreement on green grasslands) and no later than 14 days after the deadline for notification of the agreement (usually the start of negotiations). Disclosure should be notified to any current worker who is covered by the enterprise agreement. 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. The current agreement for school assistants came into force on April 3, 2019. Good faith requirements that meet the negotiating conditions do not require a negotiator to make concessions for the agreement during negotiations or to agree on the terms to be included in the agreement. Each enterprise agreement must include a concept of flexibility with individual modalities of flexibility. If a job has a registered contract, the premium does not apply. However, 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. 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. Enterprise negotiations are the process of negotiation in general between employers, workers and their representatives in order to conclude an enterprise agreement. The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process should proceed, including rules on negotiations, the content of business agreements and how an agreement is concluded and approved. 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. The Fair Work Commission can then help some low-paid workers and their employers negotiate an agreement on several companies and make a decision in certain circumstances. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. Workers must approve the agreement by voting in support.