Bargaining under the Fair Work Act 2009: best-practice guide — Australia

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The Fair Work Act 2009 (Cth) (FW Act) provides for good-faith bargaining, restrictions on the content of agreements, a single stream of collective enterprise agreements, an enhanced role for union officials as bargaining representatives and participants in dispute resolution and a streamlined process for approval. There is no provision for the making of individual statutory agreements.

The FW Act provides for the making of an enterprise agreement that is simply a collective agreement that covers one (single-enterprise) or more (multi-enterprise) employers and the employees specified in the agreement, i.e. the scope of the agreement.

There is no formal distinction between a union and a non-union agreement. Instead, a union may elect to be covered by a non-greenfields enterprise agreement where it is a bargaining representative for that agreement…

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