Assignment First

本篇assignment代写-企业谈判协议的过程讲了《2009年公平工作法》规定,企业是用于商业、项目或任何其他事业的任何实体。企业协议可以由单个雇主和在协议签订时被雇佣的雇员之间达成,并由协议覆盖。单一利益用人单位是指与合营企业或普通企业有关的用人单位。这些都是由公司关联的。这些雇主也被公平工作委员会授权成为单一利益的雇主。可以是加盟商员工或其他雇主。本篇assignment代写文章由澳洲第一论文 Assignment First辅导网整理,供大家参考阅读。

Process of Enterprise Bargaining Agreement

The Fair Work Act of 2009 states that an enterprise is any entity which is used for business, project or any other undertaking. The enterprise agreement can be made between a single employer and employees who are employed at the time the agreement is made and will be covered by the agreement. The single interest employers are employers who are involved in the joint venture or common enterprises. These are related by corporations. These employers are also authorized to be in a single interest employers by the Fair Work Commission. It can be either franchisee employees or other employers. The multi enterprise agreement is made usually between two or more employers with employees being employed at the times at which the agreement is made. They are covered by the agreement. This is the process of enterprise bargaining. The stakeholders who are involved in this process are the employers, employees and respective bargaining representatives (Creighton and Forsyth, 2012). They are involved in the process of bargaining for the proposed enterprise agreement. It is the duty of the employer to notify the employees their right to having counsel. The employers must make sure that the employees are aware of their right of having a bargaining representative. They must start 14 days after the notification at the time of the agreement. The notification must be given to the current employees who will be covered under the terms of the enterprise agreement. In case of making Greenfield Agreement, the employers must give a written notice to the employee.

In this case, the role of the bargaining representative becomes important. They are the person or the organization that each party would appoint to represent the people in the bargaining process. The bargaining representative is the person that the employers would cover in their agreement. They could be a trade union member or a person entitled to represent the interest of the trade unions. The bargaining representative could be the person that was retained by the employer or the employee to be covered in the agreement (Creighton and Forsyth, 2012). The most important aspect of the Fair Work Act of 2009 is good faith efforts which should be practiced by both the sides. It must be fair and clear to all the parties who are involved in the process. Both the parties must intend to meet the mandatory obligations. It should not be ambiguous clause in place to confound the other members. There must be clarity in the terms of the agreement. Once the terms are dictated, the members of both the agreement terms are given a period of 7 days to understand the contractual terms. They are allowed to vote on the terms of the agreement. This would ensure that they meet the mandatory requirement. Added to this, once the agreement is drawn in accordance with the legal mandates, they need to be approved by the Fair Work Act commission. Once the commission approved the terms of the contractual agreement, they become a part of the law that would be enforceable. In cases of disputes, the Fair Work Act commission would make determination after detailed discussion with the representative from both the ends of the agreement. Clauses would be drawn and detailed discussions would be made. Allowances will be made to the parties to come to an agreement. In cases where the parties are unable to come to a consensus, Fair Work Act commission will undertake the role of the mediator mandates that would be enforced. The legal requirements of the terms will be enforced in the agreement. This is subjective based on the different factors that are dependent on the situation. Owing to this, there will be reasonable efforts taken by the Fair Work Act commission to bring to a consensus all the important aspects. These are the overall process that is used to bring the enterprise agreement to fruition. The most important aspect of this agreement is the legalities. It is imperative to assume that certain legal mandates which must be enforced in this case. It is imperative for the parties to ensure that these legal mandates are adhered. They have been explored in the following section.

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