As soon as an enterprise agreement has been reached, a negotiator must ask the Commission to approve the agreement using Form F16 – request for approval of an enterprise agreement on our form. Employers may grant wage increases to employees outside of enterprise negotiations, but they are not obliged to do so. Employers must also pay wages above or above the minimum wages of the respective premium. As a general rule, the ANMF (Vic Branch) is aimed at the employer who wishes to enter into negotiations by providing him with a report of claims either in the vicinity or at the end of the agreement. The employer has the right to decide in the first place whether or not to enter into negotiations for a new agreement. If an employer does not wish to enter into negotiations for an agreement, the majority of workers in the workplace must prove that they wish to enter into negotiations for a new agreement. If this is the case, the Fair Labour Commission will make a majority support decision that will require the employer to enter into negotiations. An agreement is reached on several companies between two or more employers (not all of whom are employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. This requirement applies to all agreements approved on or after January 1, 2014, including those submitted prior to January 1, 2014. 9. Obtaining a majority in favour of the proposed agreement Workers are able to take industrial action when negotiating a proposed 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. If an employer has asked workers to vote on the proposed agreement, if the majority of workers who vote (not the majority of workers covered by the enterprise agreement) have voted in favour of approving the agreement, the vote is conclusive! Individual enterprise agreements are considered “made” from this stage and actions of damaging strikes (such as strikes or work bans) are no longer possible.