Truck Driver Enterprise Agreement
When negotiating enterprise agreements, employers generally focus on the terms of the agreement, the negotiation process and ensuring that workers vote in favour of the agreement. Ultimately, the Commission will not approve an enterprise agreement if an employer does not comply with the prior authorization measures under the Fair Work Act. This includes failing to explain to the workers concerned the declaration of a proposed enterprise agreement and the effects of that agreement, taking into account the particular circumstances and needs of workers or non-parts. The Commission may decide to approve an enterprise agreement that does not meet certain requirements of the Fair Work Act if it is satisfied that a written company is solving the problem. However, the Commission must ensure that the company cannot inflict financial disadvantage on a worker or cause substantial changes to the agreement. The CFMMEU submitted that the agreement had failed the “Better Off Overall Test” and that the employer had not met the “pre-authorization” requirements of Section 180 of the Fair Work Act. These measures are designed to ensure that workers actually accept the terms of the enterprise agreement. During this period, employers often make mistakes by not providing workers with the corresponding documents 7 clear days before the vote or by not informing workers sufficiently of the agreement during this period, rather than believing that prior declarations will be sufficient during the negotiation process. Registered contracts apply until they are terminated or replaced. On the basis of this decision, the Commission assumes that, during the access period that compares the current industrial instrument to the proposed enterprise agreement, written documents will be made available to workers so that workers can fully understand its effect. In addition, this material must be made available to the Commission during the bidding process. An enterprise agreement is an agreement negotiated between Trojans, Trojans and negotiators to set a fair wage and employment conditions. McNab Constructions asked 41 employees to accept an enterprise contract, and all voted in favour.
Before McNab Constructions asked the workers to vote on the enterprise agreement, mcNab Constructions took steps to explain to the workers the terms of the enterprise agreement, but it did not provide the Commission with proof of the content of its statement on the terms or effect of the conditions. It is interesting to note that full Bench explained that it required proof that the conditions and effects of these conditions had been explained to employees (not to an employer who simply stated that it had made this statement) if an enterprise agreement was not merely a general overselecting agreement with a discrete and obvious change , for example, a simple percentage increase in wages.B.