To approve an enterprise agreement, the Fair Work Commission must ensure that a worker`s rate of pay under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or to a national minimum wage scale. A registered agreement sets out the conditions of employment between a worker or a group of workers and one or more employers. The union requested that the employer be fined for violating the EBA. The employer also submitted that the clause, to the extent that it was to apply to future workers, did not fall within the scope of the issues that should be included in the enterprise agreements concluded under the Fair Work Act. If you agree to an agreement, the employer must send each worker a communication giving them the opportunity to negotiate individually or through a bargaining representative. For workers who are unionized, their union is their default representative if they do not make their own communication. They may designate their union as a bargaining representative, or they may be involved in the negotiations themselves or appoint another person as their representative. The employer must negotiate in good faith with all negotiators (not just the union) when there is no obligation to reach an agreement. This means responding reasonably to the negotiators` proposals, including providing financial information to support the allegations about the financial imperatives of the organization.

Please note that we are in the process of updating the PDF version of this fact sheet containing updated penalties for violations or non-compliance with the Fair Work Act. An updated version will be available soon. In the meantime, you`ll find information on penalties in our law enforcement section. 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. An enterprise agreement is an agreement on admissible matters, which are: procedures for omission or reparation of the consequences of an infringement can only be introduced before the Bundesgerichtshof or the Bundesgerichtshof (s545).