Site Specific Enterprise Agreement

John Holland Pty Ltd (the employer) applied for authorisation of a company agreement which, at the time of the application, would have been for only three employees. It contained a scope that stipulated that the agreement covered all the employer`s workers, but not workers covered by a project- or site-specific agreement. The Commission found that the appropriate use of after-sales service staff, if unfairly disadvantaged, was to request a collection of orders. The Commission found that this was a `cold comfort` for the after-sales service staff in this particular case, as Scope`s orders are only available before a company agreement is concluded. Negotiators are required to act in good faith when negotiating a proposed company agreement. Any reference in the Fair Work Act to a company agreement covering an employee is a reference to the agreement that covers the employee for a given job – the work performed by the employee in accordance with the terms of the company agreement. At first instance, the Commission approved the company agreement. The CFMEU appealed this decision and the appeal was upheld by Full Bench. In recriminating the appeal, Full Bench concluded that the workers` group had not been chosen fairly and noted that a company agreement sets out the minimum conditions of employment between one or more employers and their employees or a group of their employees.

The agreement may apply either in isolation from another price or contain certain conditions of the respective higher price. The Commission considered that Cimeco`s practice was to employ staff from one site to another and found that Cimeco wished to operate both geographically and geographically. Given Cimeco`s history and practices, as well as its practices and practices in the construction of resource projects, the Commission considered that Cimeco could enter into an agreement of a geographical nature, which should include a much more representative group of existing workers, so that this group could be considered fair. At first instance, the Commission rejected the application for approval of the agreement. Before approving an agreement, the Fair Work Commission must be satisfied that the group of employees covering the agreement has been chosen fairly. [3] Employers who enter into an agreement in the Green Prairies must inform in writing any workers` organization that has the right to negotiate the proposed agreement. This communication must contain the start date of the six-month negotiation period for the Greenfields agreement. When a staff member is covered by an individual agreement concluded under previous laws, for example. B an Australian Workstation Agreement (AWA) or an Individual Employment Agreement (ITEA), this individual agreement continues to apply to him. [11] While such an individual agreement applies to a worker or the employer as far as the worker is concerned, it is not subject to a company agreement. [12] The Fair Work Commission can then help some low-wage workers and their employers negotiate a multi-company agreement and make a decision in certain circumstances. Since the enactment of the Fair Work Act, parties to Australian federal collective agreements have submitted their agreements to Fair Work Australia for approval.

Before approving a company agreement, a Tribunal member must be satisfied that the workers employed under the agreement are overall “better off” than if they were employed under the corresponding modern arbitration award. . . .


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