There are no employees who vote on a Greenfields agreement. This type of agreement must be signed by each employer and any relevant workers` organization it covers. As a general rule, a new enterprise agreement applies to a worker only when a previous enterprise agreement applicable to the worker has exceeded its nominal expiry date. If the parties fail to agree on the terms of a proposed enterprise agreement, a representative of the negotiations may ask the Commission for assistance in fair work. The Fair Work Act 2009 provides a simple, flexible and fair framework that helps employers and workers negotiate in good faith to enter into an enterprise agreement. For a single enterprise agreement (i.e. no Greenfields agreement): the agreement is reached if the majority of workers give a valid vote for the approval of the agreement. Organizations that are negotiators (employers, employers` organizations and trade unions) for a proposed enterprise agreement must disclose certain financial benefits that they (or certain related parties) may obtain (or could obtain) because of the length of the proposed agreement. 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.
However, beyond low-paid collective bargaining, a negotiator cannot seek a negotiating mandate for a multi-company agreement. Since 1 July 2009, an enterprise agreement must be concluded with the “better off overall test” (BOOT) to be approved by the FWC. Agreements concluded before March 27, 2006 and between March 28, 2008 and June 30, 2009 were not subject to a “discrimination test” prior to authorization. Article 193 of the FW Act provides that a entrepreneurship agreement without green fields passes through the BOOT if the FWC is convinced that any worker as a whole would be better off if the agreement were applied to it than if the corresponding modern arbitration award applied. If an enterprise agreement does not transfer the BOOT, the FWC may accept an obligation from the employer to correct the defects. Changes to the Workers` Compensation System (WorkCover) have significantly reduced the benefits paid to the majority of aggrieved workers. Therefore, an additional payment agreement should be considered in the event of a worker violation and a bet on WorkCover. “Make-up pay” is an amount that represents all or part of the difference between the workcover payment and the normal hourly wage. Whether the agreement is the BOOT or if it does not succeed, the BATEAU must be approved by other means (see “Better on the Global Test”); An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement.