Fair Work Commission

Introduction

The Fair Work Act 2009 aims to provide a simple, flexible and fair framework that enables collective bargaining in good faith, particularly at the enterprise level, for enterprise agreements that deliver productivity benefits.^[1] However, sometimes parties may not be able to reach agreement in relation to an enterprise agreement.

Continuation of bargaining

If a proposed enterprise agreement has been voted on and a majority of employees do not approve the agreement, the bargaining process can continue until such time as a majority of employees vote to approve the agreement. The Fair Work Act does not limit the number of times that a proposed enterprise agreement can be put to the vote.

Each time the proposed enterprise agreement is put to a vote, the relevant requirements regarding the voting process (including the requirement for an access period) must be met.

Assistance from the Commission

The Fair Work Act provides a way for parties to seek assistance from the Fair Work Commission when negotiating a new enterprise agreement, this is done by making an application to deal with a bargaining dispute.^[2]

In dealing with a bargaining dispute, the Commission can provide parties with guidance and assistance, to help them reach agreement.^[3]

References