Before an enterprise agreement can take effect, there are a number of important steps that must be taken in order to ensure that the process is legal, effective, and fair. Here are some of the main actions that must be completed:
1. Negotiation: The first step in developing an enterprise agreement is negotiating the terms. This involves representatives from the employer and employee bargaining units discussing and compromising on issues such as pay, hours, and working conditions. Once both sides have agreed on the terms, the agreement is drafted and presented to the employees for a vote.
2. Employee vote: The enterprise agreement cannot take effect unless it is approved by a majority of employees. This means that all employees must have access to the agreement and be given adequate time to review and understand its terms before casting their vote.
3. Approval by the Fair Work Commission: After the employee vote, the enterprise agreement must be submitted to the Fair Work Commission for approval. The Commission will review the agreement to ensure that it complies with the relevant laws and regulations. If the agreement is found to be fair and reasonable, the Commission will approve it.
4. Notification and registration: Once the enterprise agreement is approved by the Commission, the employer must notify all employees that the agreement has been registered and is now in effect. The employer may also be required to post a copy of the agreement in the workplace.
5. Compliance: Once the enterprise agreement is in effect, the employer and employees must comply with its terms. This means that the employer must provide the agreed-upon pay, benefits, and working conditions, while employees must perform their duties in accordance with the agreement.
Overall, the process of implementing an enterprise agreement can be complex and time-consuming. However, by following these steps and enlisting the help of experienced legal and HR professionals, employers can ensure that the agreement is fair, legal, and effective.