7 Day Access Period Enterprise Agreement
Willox said changes to enterprise agreements could include delaying or eliminating future wage increases, which will be paid in accordance with the terms of the agreement, as well as more flexible working time arrangements. Restrictions on part-time work may be removed and more flexible leave schemes may be introduced. Labour Relations Minister Christian Porter said the requirement for employers to call on workers and unions seven days before a proposed amendment was announced before it could be put to a vote by workers – the so-called “access time” – would be reduced to a minimum of one day. The Australian Industry Group welcomed the regulatory change and said that many business agreements “have been concluded in development periods and contain provisions that prevent companies from responding to the COVID crisis.” “For example, companies that urgently had to divide their staff into teams that, for reasons of social separation, alternate between work at home and in the office, were not able to quickly implement these changes because of the mandatory access time. Accordingly, in a particular case, an employer may have informed some or all workers of the date, place and nature of the vote after the start of the access period, but in the specific case, the Fair Work Commission cannot be satisfied that the employer took all appropriate measures before the start of the access period. to do that.  Full Bench found that the employer was taking all reasonable steps to inform staff of the time, place and method of voting for a vote before the deadline for access to the agreement. The employer adopted a large number of means of communication and provided detailed information on these communications. Full Bench was pleased that the employer and the union had taken a collaborative approach to communicating with workers about the voting process. According to Full Bench, the approach was detailed, thorough and comprehensive. The voting procedure described in paragraph 1 of the Fair Labour Act is the procedure characterized by an employer covered by a proposed enterprise agreement that “requires workers employed on that date and under the agreement to approve the agreement by voting in favour of it”. The employer is asking for the agreement to be approved by vote.  An Individual Flexibility Agreement (AFI) is a written agreement that allows the employer and employer to accept an agreement that varies the effect of certain conditions of a bonus or agreement that meet the needs of the employer and the worker.
Frequent discrepancies are when work can be done and overtime is payable. The employer had, at least on May 1, 2014, launched the voting letter, ballot paper and return letter of the ballot in the voting process, so that the access period was the seven-day period that ended just before May 1, 2014. In the appeal process, Full Bench found no error in the Commission`s approach. The full-fledged bank accepted the employer`s argument that an employer`s obligation to declare the terms of the agreement and the effect of those conditions on workers does not require an explanation of any clause in the agreement. Employers who wish to amend wage agreements and conditioning agreements have only one day to vote on an EBA amendment.