The subsequent passage of the ALP, the Fair Work Act 2009 (Cth), reinstated important regulation of the conclusion of the agreement. The law contained national employment standards, which reintroduced a legal “safety net” useful for employment into national systems. These standards cannot be concluded or negotiated by employers. Corporate Clearing Agreements (EBA) and Individual Flexibility Agreements (ASIs) are now also subject to the “Better Off Over Over Over” (“BOOT”) test. An EBA is not approved by the Fair Work Commission unless it is satisfied that, overall, staff are better placed under the agreement than they would be under the corresponding modern price. A company agreement must not contain illegal content. Where appropriate, the Fair Trade Committee may adopt a negotiating decision concerning the proposed agreement. A bargaining decision includes the measures required by the Fair Work Board, the measures that should not be taken and other matters that the Fair Work Board deems necessary to promote fair and effective negotiations. To avoid confusion and misunderstandings, it is important that you make sure that the company agreement would contain all claims in the NES. Where a term of an undertaking agreement provides for a right less favourable to a worker than the equivalent right in the NES, the right under the NES shall apply and be applicable to the worker, irrespective of the terms of the agreement. Where modern awards offer basic employment standards for entire industries or trades, company agreements are tailor-made agreements that meet the needs of a given company. These collective agreements are concluded between employers and workers and generally concern working and employment conditions for all.
Company agreements may be concluded between one or more employers and two or more workers with the representatives they have elected. They generally deal with a wide range of issues, including terms and conditions of employment, rates of pay and dispute resolution procedures. These agreements must not contain illegal content, such as discriminatory or indiscriminate conditions. Federal laws on company agreements were amended on January 1, 2010. Free Guide to the Fair Work Act DownloadFor tips on negotiating a company agreement and other useful information, fill out the online form below to request free advice with an Employsure industrial relations specialist. . . .