The AAS had a unique characteristic in Australia: during the negotiation of a federal enterprise contract, a group of workers or a union without legal sanctions could take union action (including strikes) to pursue their demands. “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. 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. Yes, yes. The process is overseen by Fair Work Australia. One of the most important rules is what is called “good faith bargaining.” 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. Enterprise agreements can include a wide range of topics such as: there is no obligation for an employer to enter into negotiations for an EA with employees or a 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.