If, after six months of negotiations, the employers` and trade union organizations fail to agree on the terms of a Greenfields agreement, the employer can continue to submit the agreement to the Fair Work Commission. If you have an expired agreement for your job, we strongly advise you to ask yourself if you can continue to use the agreement or if you need to enter into a new agreement with your staff. 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). In order to approve an enterprise agreement, the Fair Work Commission must be convinced of this: each of the recent successful terminations of enterprise agreements has been hard won by the Commission. In addition to the length of the proceedings at trial, they have also been the subject of complaints from trade unions. The recent decision by the Fair Labour Commission to denounce the enterprise agreement at Murdoch University is of considerable interest. Last August, the Fair Work Commission decided to denounce The existing Murdoch University Enterprise Agreement, despite fierce opposition from the NTEU, which had been involved in negotiations with the university for more than a year.
The university and the NTEU were negotiating conditions under the existing agreement, which the university did not wish to include in a new agreement, but as they were included in the existing agreement, they meant that they remained in force, thus giving the NTEU a hand in the negotiations. Commissioner Bruce Williams decided it was in the public interest to denounce the existing agreement in order to effectively improve the conditions of competition. This is an important decision, given that the Commission has indeed entered the negotiating area and has, to some extent, set itself aside. This is what a number of employers will now look at closely, as it means that the use of redundancy power becomes relevant in the circumstances of negotiating a new agreement and can be a useful bargaining tool. 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. In general, a corporate agreement has the following advantages: Michael Mead will be accompanied on June 22 (11-12 p.m.) by Katherine Dennis, Senior Lawyer at Ai Group Workplace Lawyers, in a free live and interactive online event “Building Better Bargaining”. You chart current trends, opportunities and tactics to build better enterprise trading and show you how to achieve a result that improves the success of your business. Learn more and sign up now. However, it is not enough to simply offer, answer questions and explain the agreement to workers on demand, especially if the proposed agreement removes the important rights that workers would otherwise have enjoyed. The Fair Work Commission will check company agreements to verify illegal content.