Finally, your company must identify its negotiating position – the “yes,” “no” and “maybe” of what will be contained in the enterprise agreement – and commit to that position. This includes implementing appropriate financial models to ensure that your business can afford what it is trying to commit as part of the enterprise agreement. However, an enterprise agreement also has several potential drawbacks: PCS works with its customers to manage the entire enterprise agreement process to ensure that negotiations benefit both the brand and the company. In summary, the approval of an enterprise agreement by the Fair Work Commission (“FWC”) must meet each of the following requirements: FREE Fair Work Act Guide DownloadFor advice on negotiating a business agreement and other useful information, complete the online form below to request a free consultation with an Employsure industrial relations specialist. Employers have a number of ways to regulate their relationships with their employees, including individual employment contracts, or confidence in the conditions of allocation and individual flexibility agreements, as well as enterprise agreements, to name a few. For employees, there are generally not many drawbacks when participating in an EBA. If a worker wants to be represented by the union, he or she is required to pay union fees that may amount to a significant amount of money over time. In addition, EBA approval requires a majority (not unanimous). If a worker does not agree with the union or with the majority vote, he has no choice but to be subject to the agreement. An application for approval from the Fair Work Commission must be submitted within 14 days of the agreement. The Fair Work Commission will approve the agreement if it complies with legal requirements.
While this may seem like a simplified model, the requirements for enterprise bargaining in legislation are highly technical and can be difficult to navigate for those unfamiliar with the requirements. Ultimately, non-compliance with the requirements can be costly, as the parties may have to renegotiate aspects of the enterprise agreement and re-use access and voting deadlines. So what should you do? Essentially, your business needs good planning and preparation before you get into business negotiation. By negotiating in good faith and maintaining open communication, the parties are much more willing to reach an agreement without resorting to trade union action. It is also clear that most negotiation processes are completed without the need for such measures.