In addition, a negotiating representative of a worker covered by the agreement may not conduct standard negotiations concerning the agreement. Typical negotiations are cases where a negotiator represents two or more proposed company agreements and seeks to conclude joint agreements with two or more employers. However, these are not standard negotiations if the negotiator is actually trying to reach an agreement. A company agreement must not contain illegal content. Company negotiations are usually the process of negotiation between the employer, workers and their negotiators with the aim of concluding a company agreement. The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process is to take place, including the rules for negotiation, the content of company agreements and how an agreement is concluded and approved. Finally, your company needs to identify its bargaining position – the “yes”, “no” and “maybe” of what will be in the company agreement – and commit to that position. This involves implementing proper financial modeling to ensure that your company can afford, as it wants to commit to as part of the company agreement. If an employer has requested an employee vote on the proposed agreement, if a majority of voting workers (not the majority of employees covered by the company agreement) has voted in favour of approving the agreement, the vote is successful! Some company agreements are considered “made” from this stage on, and from now on it is no longer possible to carry out harmful strikes or work bans. For more information on transitional instruments based on agreements, including the amendment and termination of such agreements, see www.fairwork.gov.au.
Organisations that are negotiators (employers, employers` organisations and trade unions) in favour of a proposed company agreement must disclose certain financial benefits that they (or certain relatives) can (or could obtain) due to the duration of the proposed agreement. . . .