In addition, a negotiating representative of a worker covered by the agreement may not conduct standard negotiations concerning the agreement. Typical negotiations are cases where a negotiator represents two or more proposed company agreements and seeks to conclude joint agreements with two or more employers. However, these are not standard negotiations if the negotiator is actually trying to reach an agreement. 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. Under Australian labour law, the 2005-2006 industrial reform, known as « WorkChoices » (with the corresponding amendments to the Workplace Relations Act (1996), changed the name of these contractual documents to « Collective Agreement ». National labour legislation may also impose collective agreements, but the adoption of the workchoices reform will reduce the likelihood that such agreements will be concluded. A company agreement is an optional agreement that you can enter into between you and your employees. It sets their working and employment conditions for a group of workers. The Fair Work Commission must be satisfied that your company agreement meets all the legal requirements of the Fair Work Act before approving it. This implies that he passes the « Better Off Overall Test ». This test requires that each of your employees covered by the Enterprise Agreement is generally better off than if they were covered by the corresponding price.
A company agreement can be used to define the applicable minimum conditions of employment: it can also be adapted to the needs of a given company. Unlike distinctions that provide similar standards for all workers in the entire sector covered by a given distinction, collective agreements generally apply only to workers of an employer. However, a short-term cooperation agreement (e.g. B on a construction site) occasionally leads to an agreement between several employers and workers. This term describes an agreement that is being proposed for negotiation or is under negotiation, so that it can be approved by the Commission as a company agreement. .