There is an enterprise agreement between one or more employers in the national scheme and their employees, as defined in the agreement. Enterprise agreements are negotiated in good faith by the parties in collective bargaining, particularly at the enterprise level. Under the Fair Work Act 2009, a company can represent any type of business, business, project or business. If you agree to an agreement, the employer must send each worker a communication giving them the opportunity to negotiate individually or through a bargaining representative. For workers who are unionized, their union is their default representative if they do not make their own communication. They may designate their union as a bargaining representative, or they may be involved in the negotiations themselves or appoint another person as their representative. The employer must negotiate in good faith with all negotiators (not just the union) when there is no obligation to reach an agreement. This means responding reasonably to the negotiators` proposals, including providing financial information to support the allegations about the financial imperatives of the organization. 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. The union, in agreement with McDonald`s, prepared summaries of the agreement that outlined the differences between the terms of the contract and the current terms. Staff were allowed to do certification work or access electronic versions and copies on warning signs.
Other meetings were organized by the union, during which explanations were given and questions were asked. Staff were also able to contact each state`s human resources department for clarification. The FWC decided that these were appropriate measures to ensure that the declaration was given appropriately, taking into account the needs of workers, including young people. Of course, entry into an EA can sometimes be a requirement of a prime contractor before entering into a contract to carry out work, especially on large construction sites. This type of application is as controversial as “settlement agreements” with a union, but which are not approved by the FWC. However, it is not enough to simply offer, answer questions and explain the agreement to workers on demand, especially if the proposed agreement removes the important rights that workers would otherwise have enjoyed.