In addition, “vulnerable workers”, such as workers from different cultural and linguistic backgrounds, young workers and/or workers who do not have negotiators for the agreement, must be declared as keywords. It also means taking appropriate measures to ensure that the terms of the agreement and the effects of those conditions are explained. The declaration must be provided in an “appropriate” manner to each vulnerable group (for example. B in several languages or in oral and written form). Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. When a negotiator violates one or more bargaining mandates, a negotiator can apply to the Fair Work Commission to help resolve the dispute. Good faith negotiation is a key element of an enterprise agreement. The Fair Work Act 2009 outlines the requirements of good faith negotiations that must be met during the process: the negotiation process for companies is a minefield of legal, financial and reputational risks. However, if done correctly, it can also be a very effective way to reflect and improve your company`s brand. What can your company do to manage risk and make the most of the branding process? The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or under a national minimum wage scale. If an employer has asked workers to vote on the proposed agreement, if the majority of workers who vote (not the majority of workers covered by the enterprise agreement) have voted in favour of approving the agreement, the vote is conclusive! Individual enterprise agreements are considered “made” from this stage and actions of damaging strikes (such as strikes or work bans) are no longer possible. The Victorian Chamber has identified 14 different steps in the business negotiation process, beginning with the definition of the organization`s objectives.
In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement.