Das FW-Gesetz hat sehr spezifische Anforderungen, die bei der Vertragsabschlussvereinbarung eingehalten werden messen. These include: from the point of view of employees, 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. In addition, Commissioner Raffaelli found that Ulan had not imposed its consulting obligations under its enterprise agreement, which is a necessary condition for termination due to actual dismissal under the FW Act. Greenfields agreements are permitted where workers` organizations covered by the agreement have the right to represent the interests of the majority of workers, which is in the public interest. In recent months, Fair Work Australia (FWA) has had the opportunity to take into account the requirements of the FW Act with respect to enterprise bargaining. In this update, we give an overview of some of the issues dealt with by FWA. A Greenfields agreement is an enterprise agreement for a new employer or employer business before the workers are employed. This can be either an individual enterprise agreement or an agreement with several companies. The parties to a Greenfields agreement are the employer (or employer in a Greenfields agreement with several companies) and one or more workers` organizations involved (usually a union). This decision demonstrates the diligence that employers must take in restructuring their businesses in order to minimize their risk of wrongful dismissal rights. If, in this case, Ulaanan was truly motivated to ensure the viability of its activities, it ultimately decided to thoroughly review its policies, agreements and position descriptions to ensure that the tasks performed by the workers were no longer to be carried out and that ulan did not comply with the consultation requirements of its enterprise agreement.
By Tamara Gilliesof Gadens Lawyers, Brisbane An interesting example of what can be done concerns McDonalds. 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. Contracting parties must ensure that the conditions set out in the proposed enterprise agreement meet the "better-off overall" test for each worker concerned by the worker and potential person concerned.