What is an enterprise agreement (sometimes called EBA)? An enterprise agreement (“EA”) is a legislated agreement between an employer and a group of workers that, in its in progress, replaces an applicable industrial premium. A Greenfields agreement is an enterprise agreement for a new employer or employer business before the workers are employed. This can be either an individual enterprise agreement or an agreement with several companies. The parties to a Greenfields agreement are the employer (or employer in a Greenfields agreement with several companies) and one or more workers` organizations involved (usually a union). From the employee`s point of view, a common law contract with an underlying bonus allows an employee to keep his remuneration and conditions confidential if he wishes and to negotiate with an employer according to his own needs and wishes. It also allows for changes in conditions (by amending the treaty). However, from a negative point of view, it is more difficult to impose a contractual obligation than an EA obligation. Of course, entry into an EA can sometimes be a requirement of a prime contractor before entering into a contract to carry out work, especially on large construction sites. This type of application is as controversial as “settlement agreements” with a union, but which are not approved by the FWC. 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.
Enterprise agreements are enterprise-level agreements between employers and workers and their union on terms of employment. In addition, workers will not be able to take union action and strike if they work under an enterprise agreement. Therefore, an enterprise agreement can be beneficial for workers who fear that the demands of modern distinction will lead workers to take collective action. If necessary, the Commission for Fair Work can adopt a negotiating decision on the proposed agreement. A negotiating settlement will include measures that the Fair Work Commission must take, measures that should not be taken and other issues that the Commission deems necessary for fair work to promote fair and effective negotiations. On the face of it, anything that wants to reduce an employee`s claims could set off the alarm. However, an enterprise agreement can only be implemented if, on the whole, your employees are better off than if they are covered by the corresponding modern price. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement. From that date, an employee`s terms and conditions are deducted from the 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. There is no obligation for an employer to enter into negotiations for an EA with an employee or union if it does not wish to do so. However, if an employer formally refuses to negotiate, it is up to the workers (usually through their union) to withdraw or ask the FWC for a formal vote to support the business bargaining process among employees.
If a majority of workers vote in favour of enterprise bargaining, the FWC will give a majority decision and the employer will then be required to negotiate in good faith.