Fwc Agreement Date Calculator
Recent decisions of the Fair Work Commission have confirmed that employers must comply with strict technical requirements before approving company agreements. Lindsay Carroll, labour relations lawyer at AMMA, describes two recent Decisions of the Fair Work Commission (FWC) that upright up the right of coal employers to terminate company agreements and propose alternatives to traditional negotiations on replacement agreements. This is the day when staff will be able to start voting. This is the earliest date for staff to start voting on the agreement. Once an employer has concluded a company agreement with the workers on a proposed company agreement, the employer must apply to the Fair Work Commission for approval of the agreement. Since then, the decision of the CBI Constructors has been implemented by the Commission by refusing to approve other agreements that do not meet this strict seven-day requirement. For example, a company agreement was not approved in Civica BPO Pty Ltd  FWC 4376 if employees were not informed seven clear calendar days in advance before the vote. In this case, the employer had the union`s assistance in obtaining approval of the agreement and had taken steps to ensure compliance with the agreement, including by invoking a „date calculator” available on the Commission`s website, in order to set an appropriate timetable for the execution of the vote. Due to the date of this application and the decision made in CBI Constructors, the date calculator has not been modified to reflect the requirement of seven „clear calendar days”. Although the Commission acknowledged that this was an „unfortunate result”, the strict requirements were not met and the agreement was not approved. These decisions show that there are alternatives to a traditional negotiation of a replacement company agreement under the Fair Work Act 2009 (Cth) and that they are increasingly available to employers as long as a burning platform and an ability to demonstrate traditional bargaining efforts are demonstrated. The computer is designed to be used with the step-by-step guide „Making a Single Enterprise Agreement: PDF” and the guide: Communication on Workers` Representation Rights (PDF).
It is neither complete nor a substitute for reading the specific provisions of the Fair Work Act 2009. Any employer involved in company negotiations must be aware of the strict deadlines of the FW Act and the lack of discretion of the FWC to approve an agreement, despite procedural flaws. Not being as aware can lead to unwanted costs and delays. At first instance, the Sedgman agreement was denounced by acknowledging that it was inherited from Peabody Energy by besieging the exploitation in the Coppabella and Moorvale coal mines, and that this termination would facilitate the negotiation of a new company agreement that would bring productivity benefits. You must submit your application for approval of the agreement to the Commission before that date. The IWC`s appeal decision had repercussions on numerous applications for approval of a company agreement for which employers had relied not only on the authority in the first CBI decision, but also on the FWC`s date calculator for a single company agreement on its website. In light of the decision of the CBI Constructors, the Commission has contacted employers who have recently submitted company agreements for approval if the application does not meet the strict technical requirements. These employers have been asked to withdraw their applications, which means that the entire voting and authorization process would have to start again, which can be costly and time-consuming.
Although, in both cases, it was not disputed that the likely effect of terminating the company agreements would have the effect of obtaining more unfavourable employment conditions for workers, the Commission found that it was not contrary to the public interest to terminate the company agreements and that it was appropriate in all circumstances. . . .