Fair Work Commission Enterprise Agreement Approval

Employees can take industrial action when negotiating a proposed company agreement. There are strict rules governing trade union action under the Fair Work Act 2009, including the rights, obligations and obligations of employers, workers and their organisations. For more information, see the Fair Work Ombudsman Fact Sheet – Industrial Action. In an important decision on the agreement, a full Bank of the Fair Work Commission clarified when the Commission could accept a company as part of an application for approval of a company agreement. The Fair Work Commission examines company agreements to determine illegal content. The Fair Work Commission cannot approve a company agreement containing illegal content. Read more: FWA approves McDonald`s corporate agreement On the other hand, an obligation that would change the nature or nature of the agreement is not allowed, as it would raise concerns that the change had an impact on how employees voted when approving the agreement. To this end, the Full Bench confirmed that a company is likely to lead to substantial changes to an agreement if it were to come: unions, however, use the Fair Work Commission`s broad power to “inquire” about each application as a backdoor to be heard on appeal. The implicit threat of appeal is often sufficient justification for unions to interfere in the initial application for authorization, even if they are unable to prove that they have members among the workers who negotiated the agreement.

If your application has been submitted in advance, you can check the status of your agreement by sending an email to the Commission`s contract team under agreementsprogressenquiry@fwc.gov.au. In a recent decision, a full Bank of the Fair Work Commission (FWC) overturned a decision by Commissioner McKinnon authorizing a company agreement. Stop interfering in other people`s business I have been involved in company agreements for 20 years and have found that the nature of union intervention in the process has changed. When it comes to the approval of company agreements, the unions are not so much concerned with better results for employees as with unions that want to destroy company agreements in which they have not participated. Within the framework of the national system of employment relations, there are two categories of agreements: once the negotiations on the company agreement have been concluded between the representative parties, the agreement must be put to the vote. All employees covered by the outstanding agreement have the right to vote on the agreement. If a majority of staff members who voted in due form agree with the agreement, the company agreement is submitted to the FWC for approval. As soon as the agreement is approved, the Commission shall adopt a decision containing the approved agreement and the commitments it has entered into.

A copy is sent to all parties involved and the decision and agreement are published on our website…