As a Victoria Influence Group, which deals with some 47,000 Victorian businesses each year, our labour relations experts proactively monitor the bargaining process for businesses across a wide range of industries and industries. An agreement is reached on several companies between two or more employers (not all of whom are employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. There are two main types of enterprise agreements that can be concluded under the Fair Work Act: employers, workers and their negotiators are involved in the process of negotiating a proposed enterprise agreement. The employer must notify its employees of the right to be represented by a negotiator when negotiating an enterprise agreement (with the exception of an agreement on green grasslands) and no later than 14 days after the deadline for notification of the agreement (usually the start of negotiations). Disclosure should be notified to any current worker who is covered by the enterprise agreement. For more information on how to negotiate in good faith and in companies that have proven themselves, see the Ombudsman`s Guide to Good Practice for Fair Work – improving productivity at work in negotiations. Enterprise negotiations are the process of negotiation in general between employers, workers and their representatives in order to conclude an enterprise agreement. The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process should proceed, including rules on negotiations, the content of business agreements and how an agreement is concluded and approved. For workers, their negotiator will most likely be a member of a union, but it is not mandatory. When a worker is unionized, his or her union is their standard bargaining representative, unless the worker notifies an alternative representative.
An employer covered by the agreement may represent itself or request representation elsewhere. The Fair Work Commission will check company agreements to verify illegal content. The Fair Work Commission cannot approve an enterprise agreement containing illegal content. Good faith requirements that meet the negotiating conditions do not require a negotiator to make concessions for the agreement during negotiations or to agree on the terms to be included in the agreement.