Flexibility Term Enterprise Agreement
An IFA appears to be a clause in a modern arbitration award or enterprise agreement and can be applied as such. The business negotiation process is a minefield of legal, financial and reputational risks. However, if done correctly, it can also be a very effective way to reflect and improve your company`s brand. What can your company do to manage risk and make the most of the branding process? A concept of flexibility must meet a number of requirements, including: employers and workers have been conducting enterprise negotiations in the workplace for more than 20 years. For some, the form of their labour rights and obligations has become the norm. For others, this is a relatively new process in which they may not have voluntarily participated. So what should you do? Essentially, your business needs good planning and preparation before you get into business negotiation. However, a concept that does not provide for a change in the effect of one of the terms of the contract cannot constitute a flexibility clause. The reasons why employers negotiate for an enterprise agreement will vary from company to company.
What distinguishes an enterprise agreement from other options from an industrial point of view is that an enterprise agreement: for workers, negotiators are most likely members 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. The FWC will apply a strict need-based test, called the “Better Off Overall Test” against an enterprise agreement, to ensure that the worker has not been disadvantaged by the agreement. A flexibility clause allows an employer and an individual worker to agree on an agreement that varies the effect of the awarding or modern enterprise agreement, in order to meet the real needs of the employer and the individual worker.