An EA must be negotiated with the majority of workers and approved by the Fair Work Commission (« FWC »), which must verify whether workers are overall better off (short for « BOO test » or « BOOT ») than the corresponding industrial premium. Employees can`t be worse off in an EA than at a reference price. There are 250 agreements on Victorian ANMF members who are nurses, midwives and private caregivers for the elderly. These EEAs, which cover many jobs, usually expire after three or four years. The rules set out in the Fair Work Act only allow for an enterprise agreement to cover an employer. This restriction has often left nurses, midwives and nurses in smaller jobs, where members have less bargaining power due to lower numbers, lower wages and reduced conditions. A final point in the treaties is that it may be desirable for certain issues to be dealt with in employer policy rather than in a formal contract. The policy can be changed unilaterally by an employer if it grants workers an appropriate termination, while contracts can only be amended by agreement (explicit or implied). The Fair Labour Commission has established the Corporate Agreements Bank Book to help parties negotiate, establish and submit enterprise agreements under the Fair Work Act 2009 (Cth). A Greenfields agreement can be made for a real new business that a single employer or several employers are trying to create or create. This type of enterprise agreement must be concluded at least with a union before employing all persons covered by the agreement. Any union that is a party to the agreement must be able to represent the majority of the workers it covers.
What is an enterprise agreement (sometimes called EBA)? An enterprise agreement (« EA ») is a legislated agreement between an employer and a group of workers that, in its in progress, replaces an applicable industrial premium. McDonalds is an interesting example of what can be done. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement, using a large number of meeting places to encourage participation, including the rental of movie theaters.