The employer asks workers to approve the draft enterprise agreement (by consultation). This type of agreement must be signed by each employer and any relevant workers` organization it covers. Negotiators submit to commission approval an enterprise-wide agreement An employer entering into a Greenfields agreement must inform any workers` organization that is a negotiator of the proposed agreement. This communication must include the beginning of the six-month negotiation period for the Greenfields agreement. In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on 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. However, it is not a standard negotiation if the negotiator is really trying to reach an agreement. The employer must take all reasonable steps to ensure that during the 7-day access period, workers who are employed at the time of the agreement receive a copy of the following material: For more information on transitional instruments based on the agreement, including the modification and termination of these agreements, see www.fairwork.gov.au. In the event of current applications, the links below allow access to the agreement or amendment. These published documents are usually published within 3 business days of publication. On a previous occasion where a similar error occurred2, Vice-President Beaumont agreed to replace the correct version of the EA with the one approved by the FWC. However, in the recent decision, Commissioner Hunt did not take the same approach. According to Commissioner Hunt, the error could only be corrected by appealing the original decision, submitting the agreement to a new vote and filing another application for approval of the agreement.
According to Commissioner Hunt, the FWA was unable to replace the final version of the EA with the approved version. Indeed, the full bank stated: “As in this case, this may have implications for whether there has been a genuine agreement within S 186 (2) a) and, therefore, whether the agreement can be approved, which the Commission must examine more closely at the time of the actual facts.” In this case, the employer made a clear error in the development of the agreement by omitting the word “nonchalant” in a clause describing workers who would be entitled to higher weekend sentences. The consequence of this error was to extend the benefit of the higher weekend allowance to all workers, while the employer wanted this provision to apply only to casual workers. Within the framework of the national industrial relations system, there are two categories of agreements: in a recent decision on enterprise agreements, the Fair Work Commission (FWC) confirmed that it did not have the authority to correct a “clear error” in the agreements already approved.