As soon as the negotiations on the company agreement between the representative parties have been concluded, the agreement must be put to the vote. All employees covered by the current agreement have the right to vote on the agreement. If a majority of employees who voted validly approve the agreement, the company agreement will be submitted to the FWC for approval. Unlike prices, which set similar standards for all employees in the industry subject to a particular price, collective agreements generally apply only to employees of an employer. However, a short-term cooperation agreement (e.g. B on a construction site) sometimes leads to an agreement between several employers and employees. Agreement-based transition instruments include various individual and collective agreements that could be concluded before 1 July 2009 under the former Labour Relations Act 1996. This includes the Individual Transitional Working Arrangements (ITEAs) concluded during the “transition phase” (1 July 2009 – 31 December 2009). These agreements will continue to act as transitional instruments based on agreements until they are terminated or replaced. Former EAs may be terminated upon request to the FWC by agreement between the employer and the employees or at the request of the employer alone. In the past, it was difficult to obtain permission from the FWC to terminate an old EVALUATION without employee approval. Under the Fair Work Act, the CFC must consider the public interest when considering terminating a contract.
The FWC has a wide margin of appreciation to examine both the objectives of the law and, above all, the impact of dismissal on employers and employees and their ability to negotiate effectively. Under Australian labour law, the Industrial Reform of 2005-2006, known as “WorkChoices” (with the corresponding amendments to the Labour Relations Act (1996)), changed the name of these contractual documents to “Collective Agreement”. State labour law may also require collective agreements, but the adoption of the WorkChoices reform will reduce the likelihood that such agreements will be realized. A greenfields agreement is a company agreement that is entered into in relation to a new business of the employer or employers before the employees are employed. This can be a single company agreement or a multi-company agreement. The parties to a greenfields agreement are the employer (or employer in a multi-greenfield agreement) and one or more relevant workers` associations (usually a trade union). Before approving a company agreement, the Fair Work Board must be satisfied that approval of the agreement would not jeopardize the negotiations of one or more bona faith negotiators for a proposed company agreement. .