The FWC has implemented an expedited procedure for urgent applications to modify enterprise agreements to cope with the effects of COVID-19. Entries can be filed by email COVID-19Applications@fwc.gov.au. An agreement is reached on several companies between two or more employers (not all of whom are employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. When an amendment to an enterprise agreement has been made, a person covered by the agreement must ask the Commission for approval of the amendment. An application for approval to amend an enterprise agreement must be submitted through an F23 form. The proposed application for an enterprise agreement must be submitted to the Fair Labour Commission within 14 days of the date of filing or within an additional period of time, as permitted by the Fair Work Commission. On April 16, 2020, the Change of Enterprise Agreements Regulations 2020 was adopted to reduce the period during which workers must have access to a proposed amendment to an enterprise agreement before being asked to vote on the proposed amendment (access period). A signed copy of an amendment must be signed by the employer and at least one representative of the workers covered by the agreement, in a different form. Significant changes have therefore been made to minimize the time required to amend an enterprise agreement to meet the needs of employers in order to respond quickly to COVID-19`s challenges. An enterprise agreement must contain the following conditions: Our advice to members NAT 036/20: New regulations to streamline changes to enterprise agreements during the COVID-19 crisis can also be consulted for information on recent changes to the legislation on enterprise agreements. The Fair Work Commission can then help some low-paid workers and their employers negotiate an agreement on several companies and make a decision in certain circumstances.
In addition, Members of the Ai Group can contact us or call the Workplace Advice Line on 1300 55 66 77 for assistance with enterprise agreements and other employment issues. The requirements for amending an agreement are similar to those for the approval of a new agreement. Workers must approve the agreement by voting in support. Voting can only take place if workers have been informed of their right to negotiate at least 21 days after the day. If necessary, the Commission for Fair Work can adopt a negotiating decision on the proposed agreement. A negotiating settlement will include measures that the Fair Work Commission must take, measures that should not be taken and other issues that the Commission deems necessary for fair work to promote fair and effective negotiations. The termination of an operating contract has no effect unless authorized by the FWC. Read the COVID-19 fact sheet: a contract change request (PDF) In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations with respect to the agreement. Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers.
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