Workers are able to take industrial action when negotiating a draft enterprise agreement. There are strict rules governing union action under the Fair Work Act 2009, including the rights, duties and obligations of employers, workers and their organizations. For more information, see the Fair Work Ombudsman – Trade Union Actions fact sheet. An agreement is reached on several companies between two or more employers (not all of whom are employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. The proposed application for an enterprise agreement must be submitted to the Fair Labour Commission within 14 days of the date of filing or within an additional period of time, as permitted by the Fair Work Commission. Among the transitional instruments based on the agreement are various collective agreements and collective agreements that could be concluded before July 1, 2009 under the former Labour Relations Act 1996. These include transitional individual contracts (ITEAs) concluded during the “transition period” (July 1, 2009-December 31, 2009). These agreements will continue to function as transitional instruments based on agreements until they are denounced or replaced. 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. 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.