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Industrial Agreements

However, it is necessary to keep the individual terms and conditions of each worker informed instead of simply deferring them to the EA, and the employer is sticking to the terms of the applicable industrial premium, which may contain some impactivity. An EA must be negotiated with the majority of workers and approved by the Fair Work Commission (“FWC”), which must verify whether workers are overall better off (short for “BOO test” or “BOOT”) than the corresponding industrial premium. Employees can`t be worse off in an EA than at a reference price. Multi-company agreements are much less common and are concluded between two or more employers who are not employers with a single interest. We believe that, under the current legislative framework, EAEs are often not worth it. In general, we believe that it is preferable to have a contractual common law regime that is subject to all the mandatory provisions relating to the awarding of commercial contracts. In other words, while parties wishing to negotiate an agreement on several companies are theoretically subject to good faith contracts, the Fair Work Commission cannot obtain a negotiating order to enforce these obligations. Anti-work actions cannot be taken as part of an agreement on several companies, but the requirements for worker consent are heavier than in the case of agreements with a company. It is important that the Fair Work Act bargaining obligations do not currently apply to negotiations for a green prairie agreement, which gives considerable influence to a union involved in the bargaining process.

Potential employers wishing to develop a new project should, as part of their industrial strategy, carefully consider which unions may have potential coverage rights and may be better able to move into green grasslands, with better and more favourable conditions for their business. Enterprise agreements are enterprise-level agreements that set minimum working conditions for a certain group of workers and an employer or employer. There are three types of enterprise agreements: individual companies, multi-company agreements and Green Fields (which may be an individual agreement or agreement with several companies), each of which is discussed below.