Casual Employees Vote Enterprise Agreement
While employers should continue to strive to strictly comply with all prior authorization requirements, we see that common procedural or technical errors – such as issuing the NERR on the company letterhead – are less likely to preclude approval of an agreement. At Swinburne, casual staff members were recruited by the university during the 2013 academic year and were likely hired as sessional staff during the 2014 academic year. Since casual workers were not employed at the time the university asked employees to vote, they did not have the right to vote. The Fair Work Act provides that the class of employees who may be asked to vote on a proposed company agreement are «employees employed at the time an agreement is put to the vote.» With a strictly literal reading, this would mean that a collaborator of circumstance or meeting who is not working exactly at the time of the vote could not be included in the voting pool. The Full Bench felt that such an approach would be too technical and could yield absurd results. For workers who are members of a union, the standard bargaining representative is their union, unless the worker designates another person. However, workers can usually designate the one they want to be their negotiator, including themselves. A Greenfields agreement is a company agreement entered into in respect of a new business of the employer or employer before employing workers. This can be either a single company agreement or a multi-company agreement.
The parties to a Greenfields agreement are the employer (or employer in an agreement involving several companies in the green grasslands) and one or more relevant workers` organizations (usually a trade union). «We don`t want to pay premium rates, can`t we just have a company agreement?» It`s not that simple. The disclosure must be set out in a document indicating the relevant financial benefit (a «Disclosure Document»). An employer who prepares a disclosure document must send it to his employees. A trade union or employers` organization that prepares a disclosure document must do so to the employer, who then makes it available to workers. Any company agreement must include a period of flexibility providing for individual flexibility agreements. M. Izzo said the state of the law is changing rapidly and proposes that employers think about their rosters on days when a vote on a company agreement is scheduled.
The terms of a company agreement, transitional instruments (on procurement or agreements) and modern public procurement cannot exclude the NES and those that do have no effect. Before approving a company agreement, the Fair Work Commission must be satisfied that approval of the agreement would not in good faith jeopardise the negotiations of one or more negotiators for a proposed company agreement. This authorization step is not relevant to an agreement with Greenfield. In order to help the FWC to carry out the more efficient overall test, the FWC requires a detailed comparison, the claims of the agreement being more or less advantageous than the corresponding modern price. A recent development has been the requirement that the parties also indicate what is omitted and what is different from modern allocation, since the FWC must take into account all premium rights, even if the company is not currently working in such a way that all rights are revitalized. . . .