The Fair Work Act 2009 aims to provide a simple, flexible and fair framework that enables collective bargaining in good faith, particularly at the enterprise level, for enterprise agreements that deliver productivity benefits.[1] However, sometimes parties may not be able to reach agreement in relation to an enterprise agreement.
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Introduction
Continuation of bargaining
If a proposed enterprise agreement has been voted on and a majority of employees do not approve the agreement, the bargaining process can continue until such time as a majority of employees vote to approve the agreement. The Fair Work Act does not limit the number of times that a proposed enterprise agreement can be put to the vote.
Each time the proposed enterprise agreement is put to a vote, the relevant requirements regarding the voting process (including the requirement for an access period) must be met.
Assistance from the Commission
The Fair Work Act provides a way for parties to seek assistance from the Fair Work Commission when negotiating a new enterprise agreement, this is done by making an application to deal with a bargaining dispute.[2]
In dealing with a bargaining dispute, the Commission can provide parties with guidance and assistance, to help them reach agreement.[3]
Related information
References
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[1] Fair Work Act s.171.
[2] Fair Work Act s.240.
[3] Fair Work Act s.595(2).