The terms of an enterprise agreement, transitional instruments (assignment or convention) and modern rewards cannot exclude the NES, and those who do so will have no effect. An agreement is reached with a single company between a single employer (or more than two or more employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. Employers with a common interest are employers who are in a joint venture or joint venture or who are related companies. They may also be employers approved by the Commission for fair work as an employer with a single interest, which can be either franchised or by other employers, if the Minister of Labour has made a statement. For workers, their negotiator will most likely be a member of a union, but it is not mandatory. When a worker is unionized, his or her union is their standard bargaining representative, unless the worker notifies an alternative representative. An employer covered by the agreement may represent itself or request representation elsewhere. An agreement is reached on several companies between two or more employers (not all of whom are employers with a single interest) and workers who are employed at the time of the agreement and who are covered by the agreement. E-Mail-member.assist@fwc.gov.au for more details or assistance on the legal requirements in the contracting process, and a member of the Commission`s agreement team will contact you within 2 working days. The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or under a national minimum wage scale. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. The vote can only be held after the government approves the agreement. Under no circumstances can an agreement be proposed for the approval of workers after agreement in principle and before it is approved by the government.
An enterprise agreement must contain the following conditions: the FWC applies a strict test in need, called the „Better Off Overall Test“ against an enterprise agreement, to ensure that the worker has not been disadvantaged by the agreement. Among the transitional instruments based on the agreement are various collective agreements and collective agreements that could be concluded before July 1, 2009 under the former Labour Relations Act 1996.