Other types of agreements previously concluded under the Workplace Relations Act 1996 relate to the conditions of individual workers or a group of workers. Q: Will changes to an enterprise agreement at the end of the COVID 19 pandemic cease to work? Employers have these powers for six months, and all changes to your labour agreement, their wages and conditions are permanent. Q: What changes has the government made to changes to enterprise agreements? However, although the Fair Work Commission intervened when the previous agreement was reached, the parties have been divided in recent months. Q: Can my employer pressure me to accept an amendment to an enterprise agreement? No, an employer violates the general protection of the Fair Work Act 2009 if it takes action or threatens to take steps to encourage a worker to vote in favour of an amendment to an enterprise agreement. Q: Should the Fair Labour Commission approve an amendment to an enterprise agreement? Any agreement reached before January 1, 2010 will remain in effect until it is replaced or terminated by another contract. Some of these agreements are individual agreements called ITEAs and ASA. If the employer agrees, it is possible to negotiate a replacement contract before these agreements expire. Otherwise, they will continue to work until they are completed or replaced. Under the Fair Work Act 2009, an employer can ask workers covered by an enterprise agreement to vote in favour of approving an amendment to the agreement. The amendment is approved if the majority of workers who voted approve the amendment. Enterprise agreements can also be entered into by an employer and one or more unions for a real new business before all workers who would be covered by the agreement are employed. These agreements are called Greenfields Agreements. Registered contracts apply until they are terminated or replaced.
An employer does not necessarily have the power to decide whether to ask workers to vote on a proposal to amend an enterprise agreement. This is why employees should be very careful about the variations they are suitable for during the COVID 19 pandemic. Enterprise agreements may be entered into by an employer with a group of workers or (in certain circumstances) by more than one employer with a group of workers. The government has used general authority to enact provisions for changes to enterprise agreements in accordance with S 211 (6) of the Fair Work Act 2009. Changes to the regulations must not be approved by Parliament. Agreements reached before January 1, 2010 are maintained until they are terminated or replaced. No new individual agreements can be reached after January 1, 2010. Vote no to changes to your employment contract if you are unsure or have not received advice from your union.