Under Australia`s labour law, the 2005-2006 industrial reform, known as „WorkChoices“[3] (with the corresponding amendments to the Workplace Relations Act (1996), changed the name of these contractual documents to a „collective agreement.“ State industrial legislation may also impose collective agreements, but the adoption of the WorkChoices reform will reduce the likelihood of such agreements occurring. An enterprise agreement must contain the following conditions: however, it is not enough to simply respond to workers on demand and explain the agreement, especially if the proposed agreement removes important rights that workers would otherwise have benefited from. An IFA can be terminated either by a written agreement between the employer and the worker, or by the employer or worker by written notification. Modern rewards require 13 weeks` notice, but this may be different in an enterprise contract (but no more than 28 days). Under the FW Act, a person – generally an official of an industrial organization („licensed“) with a permit to enter fair work („entry permit“) is allowed to enter the workplace to investigate violations of the FW Act or to have interviews with workers whose interests or may represent the interests. Before entering the workplace, the holder of the authorization must provide the employer with a written notice („Entry Notice“). This should not be provided for less than 24 hours and no more than 14 days before the visit proposed by the holder of the authorization, but it is possible to make less possible notification if the FWC is entitled to a waiver. Within the framework of the national industrial relations system, there are two categories of agreements: in practice, it is preferable to consider the nominal expiry date as a reminder or a mechanism to encourage the parties to resume or, at the very least, to resume negotiations on the terms of the future. This is also consistent with the fact that many of the FWK`s negotiating powers (for example). B Requests for exhilarating orders) are only reinvigorated if there is no enterprise agreement or if the nominal expiry date of the previous agreement has expired. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement. From that date, an employee`s terms and conditions are deducted from the enterprise agreement.
Workers are able to take industrial action when negotiating a draft enterprise agreement. There are strict rules governing union action under the Fair Work Act 2009, including the rights, duties and obligations of employers, workers and their organizations. For more information, see the Fair Work Ombudsman – Trade Union Actions fact sheet.