For companies that have experienced a decline in revenue as a result of COVID-19, the delay or removal of the requirement to make short-term wage increases as part of an enterprise agreement may be essential to survive this crisis in the short term and contribute to the relaunch of their activities. In explaining the terms of the proposed enterprise agreement, employers must provide workers with existing terms of employment (which may constitute an existing enterprise agreement or one or more bonuses) as a reference point and be able to describe in detail, in Form F17, the measures taken to explain the conditions and effects of the conditions for workers. Employers must ensure that the answers to the legal declaration are correct, especially with regard to the BOOT. Employers must also ensure that they properly explain to workers the importance and impact of the agreement. For employers who wish to enter into enterprise agreements, compliance with enterprise bargaining and pre-authorization procedures is an increasingly detailed and difficult area. It will remain a priority for enterprise negotiations in 2020, so that their agreements are properly concluded and can be approved by the Fair Labour Commission and there is no dispute as to their validity. An enterprise agreement was actually concluded by the workers covered by the agreement when the Fair Labour Commission is convinced that: b) the agreement was concluded in accordance with the part applicable to the application of subsection 182, paragraph 1 or 2 (these sub-sections concern the establishment of different types of enterprise agreements through the voice of employees); and an employer who submits a Greenfields agreement must notify in writing any worker organization that is a bargaining representative for the proposed agreement. This communication must include the beginning of the six-month negotiation period for the Greenfields agreement. AMMA continues to encourage members to handle the approval procedures for enterprise agreements. For advice and assistance in establishing the contract, including pre-authorization steps and compliance with BOOT, contact an AMMA advisor in your amMA office on site. To approve an enterprise agreement, the Fair Work Commission must be satisfied that a registered agreement sets the terms of employment between an employee or group of workers and one or more employers. (a) the employer or any employer covered by the agreement has complied with the following provisions with respect to the agreement: The FWC is particularly concerned, since the worldlez dispute, that the leave rights granted by an agreement are no less advantageous compared to the NES.
When the agreement contains an NES savings rule, contributions can often be submitted to address these issues. 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. The Commission has made a special e-mail to expedite applications, to amend an enterprise agreement that results from the impact of COVID-19 – COVID19Applications@fwc.gov.au. The amendment proposed by CVSG Electrical was approved by the majority of the 65 employees in the enterprise agreement.