Variation To Enterprise Agreement
(g) the words “if the agreement is not an agreement on the green meadow” were omitted in paragraph 186, paragraph 2, point a); an application for approval of an amendment to an enterprise agreement has been introduced and the Commission is concerned that the amendment will not meet the requirements for approval of an amendment under the Fair Labour Act. Any party to an enterprise agreement, a transitional instrument based on agreements or a state instrument of Division 2B may ask the Commission to amend its agreement in order to remove any ambiguity or uncertainty. Shadow Minister of Labour Relations (IR) Tony Burke expressed concern about the lasting impact such fluctuations will have on workers. In particular, he questioned the ability of workers to truly take into account the effects of such fluctuations in a single day. To allow staff time to review this proposed amendment, a seven-day access period will begin on Wednesday, June 10, 2020, in accordance with the Fair Work Act 2009. Staff is invited to consider the proposed amendment before a formal vote. CVSG Electrical attempted to amend its obligation to pay a 3% pay increase to employees from 31 March 2020 and to remove the 2020 wage rates from a compensation plan defined in the enterprise contract. For the purpose of reg 2.09A (2) (b) (i) – which requires “the full name and address of each person who signs the variation,” a person may use his or her work address and does not have to give information about the residence address.  If professional service employees for acceptance of the proposed amendment and academic staff for acceptance of the proposed amendment, both documents are subject to approval by the Fair Work Commission. If an agreement is not supported, the university will not continue to submit one of the two variants for approval. Read the COVID-19 fact sheet: A request to amend an agreement (PDF) The employer and the majority of employees covered by the enterprise agreement must accept any changes.
It must be voted on to obtain approval. Due to the changing impact of COVID-19 on Australian jobs, please contact a member of our national industrial relations and safety group if you would like further advice on amending a business agreement or discussing other practical options available to deal with the impact of COVID-19 on your business. In order to approve a request to amend an enterprise agreement to reduce or avoid a wage increase, the Commission must continue to be convinced that the amended enterprise agreement will pass the “best overall test”. However, at present, the Commission may authorize an amendment to an enterprise agreement that does not meet the “best overall test” if, due to exceptional circumstances, the approval of the agreement is not contrary to the public interest, for example. B if the proposed amendment is part of a reasonable strategy to help the employer cope with a short-term crisis. This additional resource should allow for faster awarding of applications for a derogatory enterprise agreement to a Commissioner. Permission to amend an enterprise agreement may be denied if compliance with the terms of the agreement, as proposed as amended, may lead a person to commit an offence against a Commonwealth law or to a person who must pay a fine for the violation of a Commonwealth law. The Commission has made a special e-mail to expedite applications, to amend an enterprise agreement that results from the impact of COVID-19 – COVID19Applications@fwc.gov.au.
Significant changes have therefore been made to minimize the time required to amend an enterprise agreement to meet the needs of employers in order to respond quickly to COVID-19`s challenges. An employer and its employees who are covered by an enterprise agreement may consider amending the agreement to include a COVID-19 timetable that suspends all inconsistent provisions of the agreement.