There is no obligation for an employer to enter into negotiations for an EA with an employee or union if it does not wish to do so. However, if an employer formally refuses to negotiate, it is up to the workers (usually through their union) to withdraw or ask the FWC for a formal vote to support the business bargaining process among employees. If a majority of workers vote in favour of enterprise bargaining, the FWC will give a majority decision and the employer will then be required to negotiate in good faith. It is also open to workers to obtain orders from the FWC that authorize the exercise of trade union actions (for example. B strike or a campaign of domination). “Lexology is one of the few news feeds I watch when it enters – the information is up to date; has good descriptive titles so I can quickly see what the articles are referring to and are not too long. However, an enterprise agreement also has several potential drawbacks: the FWC will apply a strict test in need, called the “Better Off Overall Test” against an enterprise agreement, to ensure that the worker has not been disadvantaged by the agreement. From the employee`s point of view, a common law contract with an underlying bonus allows an employee to keep his remuneration and conditions confidential if he wishes and to negotiate with an employer according to his own needs and wishes. It also allows for changes in conditions (by amending the treaty). However, from a negative point of view, it is more difficult to impose a contractual obligation than an EA obligation. Once negotiations on the enterprise agreement between the representative parties have been concluded, the agreement will have to be voted on. All workers covered by the outstanding agreement are entitled to vote on the agreement.
If the majority of staff who voted valid approve the agreement, the Enterprise Agreement will be submitted to the FWC for approval. McDonalds is an interesting example of what can be done. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement, using a large number of meeting places to encourage participation, including the rental of movie theaters. The union, in agreement with McDonald`s, prepared summaries of the agreement that outlined the differences between the terms of the contract and the current terms. Staff were allowed to do certification work or access electronic versions and copies on warning signs. Other meetings were organized by the union, during which explanations were given and questions were asked. Staff were also able to contact each state`s human resources department for clarification. The FWC decided that these were appropriate measures to ensure that the declaration was given appropriately, taking into account the needs of workers, including young people. 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.