FcB Group specialises in the design and implementation of corporate negotiations in order to achieve the best possible results for Australian companies. Within the framework of the national system of relations at the workplace, there are two categories of agreements: a company agreement is an agreement on admissible matters which are: the conditions of a company agreement, transitional instruments (basis for award or agreement) and modern public procurement cannot exclude the NES and those that do have no effect. A registered agreement establishes the working conditions between an employee or group of workers and one or more employers. Staff must support the agreement by voting in favour of it. Voting may not take place until at least 21 days after the date on which workers have been informed of their right to a bargaining representative. While there are no longer legal individual contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of a company agreement to meet the real needs of workers and employers. For more information on how to negotiate in good faith and conduct best practice corporate negotiations, see the Fair Work Ombudsman Best Practice Guide – Improving workplace productivity in bargaining. The application for a proposed company agreement must be submitted to the Fair Work Commission within fourteen days of the conclusion of the contract or within an additional period granted by the Fair Work Commission. The trap for many employers in negotiating company agreements is first to ask, “What conditions can we introduce into our productivity-enhancing company agreement?” when the questions they should really ask themselves are, “What motivates our staff?” or “What can we do to increase employee engagement?” In our experience, the following indications and advice are often useful: if necessary, the Fair Work Commission can issue a negotiating mandate for the proposed agreement. A bargaining decision includes the measures required by the Fair Work Board, the measures that should not be taken and other matters that the Fair Work Board deems necessary to promote fair and effective negotiations. However, we believe that any discussion of productivity in the workplace cannot make sense in a concept of negotiation without dialogue on the relative cost-effectiveness of production quality. In other words, the search for productivity improvement in company negotiations should be done with the aim of obtaining overall economic benefits for the employer, whether by identifying labour costs or by identifying improvements in labour productivity to compensate for agreed wage increases (or other conditions).
The rate of pay of a worker under an undertaking agreement may not be lower than the corresponding rate of pay under the modern bonus which would apply to the worker or under a national provision of the minimum wage. The transition instruments based on the agreement include various individual and collective collective agreements that may have been concluded before 1 July 2009 under the former Workplace Relations Act 1996. These include individual temporary employment agreements (ITEAs) concluded during the transition period (1 July 2009-31 December 2009). These agreements will continue to serve as transitional instruments based on agreements until they are denounced or replaced. Negotiating a company agreement can pose unique challenges for employers and workers. Some companies may view this as insurmountable obstacles that cannot be overcome and choose not to participate in the negotiation process. . . .