Aec Enterprise Agreement

These include the cost of the AEC`s commitment to the vote, the employer`s efforts to support the authorisation process, and the parties` efforts to reach mutual agreement. In considering whether or not a protected action vote should be adopted, the Commission must be convinced that the negotiators of workers who wish to vote have actually tried to reach an agreement. Before trade union actions can be taken legally, safeguards must be put in place to authorize trade union actions, unless these measures are a response to the other party`s industrial actions in enterprise bargaining. Once the “access period” (seven days before the vote) has begun, chief operating officers should direct the chief operating officers by keeping them informed through informal discussions and, most importantly, by providing written scripts that can follow them. They should also discuss with their legal representatives that decisions and results are properly interpreted and summarized before being passed on to workers. Otherwise, the enterprise agreement may dissolve and may lead the employer to face additional costs and efforts or, according to the Federal Court of Justice, result in a “waste of resources”. If a collective agreement is concluded for workers, it does not mean that negotiations are concluded and dusted off at this stage. In the decision earlier this month, Bau-, Forst-, Bergbau- und EnergieUnion/CUB Pty Ltd [2015] FCA 692 was made clear that misleading statements made before the vote could put an end to the authorization procedure. To avoid this, employers should directly guide their site managers to minimize the potential for misleading statements during negotiations. In that case, it was alleged that a CUB officer made a false statement to the workers about the outcome and effect of a litigation within the Fair Work Commission. Although the voting process for approving an agreement has begun, the CFMEU has requested an injunction to end the second day of voting and the counting of votes cast.

Although not a purely current factor, the current environment has highlighted the distinction between the parties` conflicting objectives, which generally hold a mixture of similar positions (for example. B to the agreement) and yet polarized (for example. B cost savings relative to salary increases). For advice on all business-negotiated procedures, contact an amma Legal Services or consulting expert in your on-site amMA office. At all stages of bargaining, employers and their leaders must be clear and true to what they teach workers.

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