Legal Requirements for Enterprise Bargaining
The enterprise agreement is drawn as an agreement that is between employers and employees. This is a simple definition. However, several important factors need to be considered in this design. It is important to consider certain legal mandates that need to be observed in order to make the enterprise bargaining a legal mandate. These legal mandates are required to ensure that the terms of the agreement are fair. The enterprise agreement can be about certain permitted matters. They are the terms between the individual employer and the employees. These relationship terms need to be clearly articulated in the agreement. In the case of multi agreement, multiple relationship must be developed between the employers and employee organization. The people who need to be covered are to be expressed in the agreement. The deduction from wages if required needs to be authorized by some personnel of the company. The terms of the agreement and the places where they can be enforced need to be explained.
Added to this, some legal clauses that must be mentioned. They are the nominal expiry data for the agreement. They must be only for four years or lesser. The Fair Work Commission needs to approve the agreement. In case of a dispute it is important to ensure that dispute settle procedure are invoked by Fair Work Commission or some other independent party needs to be covered in the agreement to settle the dispute matters. These are under the agreement in relation to the terms of the modern award of they need to be under National Employment Standards. A flexibility term or clause needs to be in the making of the individual flexibility agreement for the purpose of meeting genuine cases of the employers and the employees. These individual flexibility agreements are subjective terms that depend on the requirement of each employee. These individual flexibility arrangements need to be drawn between the parties who are involved. The consultation term is a reference to the employer to ensure that they can consult their employee about the workplace changes. These workplace changes must be clearly mentioned. The use of ambiguous terms must be avoided. The consultation terms must follow similar protocol. In cases where no consultation term is detailed, the model consultation as mentioned in the Fair Work Commission Website would apply to the clauses. In the model consultation, clear mention of the wages that needs to be paid to the employees. They need to be clear and must adhere to the laws of Fair Work Act 2009. In addition to this, the rate of pay to the employee must not be lesser than the minimum wages. The rate of pay under the modern award would apply to the employee.
Certain terms cannot be included in the enterprise agreement. They cannot have any unlawful content. These include a discriminatory term or an objectionable term. The definition of these terms is provided in the Fair Work Commission. These are the terms that are not mentioned in the Fair Work Act 2009. The terms are clearly mentioned in the Fair Work Act and they need to be adhered. In the agreement, no term must be present which discusses about remedy in case of unfair dismissal of employee. The minimum employment terms or period mentioned in the Fair Work Act must be in the agreement. The terms of the agreement must not be detrimental to the parties involved. No inconsistency must be present. No term must be present that would allow the practice of State or Territory OHS legislative right of entry in the manner that is detailed by the Fair Work Act of 2009.
Finally, they will be enforceable after the fair Work Commission would review the enterprise agreement of the unlawful content. The Fair Work Commission will never approve of the enterprise agreement that would contain unlawful content. The terms of the enterprise agreement and transitional instruments cannot override the terms and will henceforth have no effect.