Under the Fair Work Act 2009, the following new enterprise agreements can be entered into: But remember that you must include four things in each enterprise agreement: unions may be parties to enterprise agreements, or the agreement can be reached directly with staff. Workers are entitled to union (or other) representation during the negotiation process if they wish. If an IFA does not meet these conditions, it will continue to take effect. However, it may violate the Fair Work Act 2009. There are also strong safeguards that prevent an employee from exerting undue influence or pressure on him or her to pass an IFA. Penalties of up to $13,320 can be imposed for an individual and $66,600 for a business. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. The Fair Work Act 2009 contains strict rules and guidelines that all parties must follow to ensure that the process is fair. These include negotiating guidelines, binding conditions to be introduced and requirements to meet Fair Labour Commission (FWC) authorisation standards. 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. Enterprise negotiations are the process of negotiation in general between employers, workers and their representatives in order to conclude an enterprise agreement. The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process should proceed, including rules on negotiations, the content of business agreements and how an agreement is concluded and approved. The Fair Work Commission (FWC) is currently calling for productivity improvement agreements or innovative enterprise agreements as part of its plan to promote business-productive agreements.