Scope Of Enterprise Agreement

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For a company agreement to apply to the employee, it is necessary that the individual agreement be terminated or partially terminated. When the Commission gives the Scope order, the order of the employers (or employers) and employees who will be affected by the proposed agreement will be indicated. AMMA recommends that employers who draw up agreements do so: The AMF during the negotiations stated that the proposed agreement should not cover commanders and deputy chief fire officers. It considered that the latter two categories of workers should be covered by two other separate agreements. In its action, it sought a scope order that the proposed company agreement, for which negotiations had taken place, should be limited to operational staff under the rank of Commander and Deputy Fire Chief. The Commission had to process two requests for Scope orders. The first, adopted by the UNU, requested that the scope of the proposed company agreement contain the classifications of the commander and the assistant fire chief. By the second order, adopted by the employer, the employer requested that the proposed company agreement not cover these two classifications. This seems to conclude that if the proposed coverage of an agreement by workers is linked to the geographical, occupational or organisational distinction of workers, this is an issue that tends to support the conclusion that the cover group is chosen fairly. Conversely, it may also mean that, in certain circumstances where the proposed agreement ignores workers` coverage, the conclusion that the group was not chosen fairly is easier to conclude. (These ideas are supported by the FWA Full Bench`s revised decision below.) Last July, HACSU began consulting with members on a potential agreement from multiple employers representing more than 35 different employers with disabilities. Scope decided that they would no longer participate in this process. This is very unfortunate, as this process has been an opportunity for Scope to improve staff conditions.

An agreement occurs when a majority of the employer`s workers who voted in due majority approve the agreement. In a particular case, a number of employee groups may be fair, but the immediate issue in a Scope order request is whether the group specified in the proposed Scope order is chosen fairly. Before approving an agreement, the Fair Work Commission must be satisfied that the group of employees covering the agreement has been chosen fairly. [3] As a general rule, the selection of the category of workers who must be covered by an agreement on an objective basis (as opposed to an arbitrary or subjective basis) should indicate a conclusion that the group was chosen fairly. [6] In the oral proceedings on the Scope Order application, the NUW argued that the negotiations were not efficient or fair because: Linfox conducted separate negotiation processes with EMU and EMU and that an agreement in principle had been reached on a proposed company agreement with the EWU prior to Scope`s order application. . . .

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