Corporate bargaining is an Australian term for a form of collective bargaining in which wages and working conditions are negotiated at the level of individual organisations, as opposed to sectoral collective bargaining in all sectors. Once established, they are legally binding on employers and employees covered by the company agreement. A company agreement (EE) is a collective agreement between an employer and a union acting on behalf of employees, or an employer and employees acting on their own behalf. This is certainly a far cry from Premier Keating`s vision when he introduced the corporate bargaining system nearly 30 years ago. We continued the positive and constructive process between the university and the unions that shaped previous negotiations at UniSA. We discussed how the agreement can promote flexibility, fairness, clarity and consistency. Consideration of a possible merger by UniSA and the University of Adelaide has no impact on the negotiations. The current system gives workers a largely free hand to appoint a negotiator of their choice. There are very few restrictions on who an employee can appoint as a bargaining agent. Once appointed, this collective representative has all the rights and obligations that apply to each union representative during negotiations. The Fair Work Act, 2009 provides a simple, flexible and fair framework that helps employers and employees negotiate in good faith to enter into a company agreement.  The first is a legislative recognition that the FWC can take quantitative and qualitative elements into account when carrying out the BOOT analysis.
Which is a bit strange, because that`s what the current legislation requires. But the opinion has emerged that it does not happen this way, and therefore a change is needed to prescribe it explicitly. In this way, the benefits provided under a company agreement can be taken into account, even if it is not able to assign a monetary value. Things like blood donor discharge, which only a small portion of the workforce can access a few times a year, could be included in the holistic equation. Of course, an evaluation of the “qualitative” factors will necessarily imply a certain degree of subjectivity that must be exercised by the FWC member. As always, the impact of the startup changes depends on how the new laws are actually enforced by the FWC. And that`s a non-partisan sentiment. Shadow Industrial Relations Minister Tony Burke complained earlier this year that collective bargaining “is much more difficult right now and taking much longer than it should.” Trade negotiations in that country are vital measures. The bargaining teams have strived to provide as much clarity, certainty and consistency as possible to UniSA staff. Key features of the new corporate agreement include: The new corporate agreement and a comprehensive guide explaining the changes, including an overview of clause by clause, as well as other important documents can be found on the university`s corporate negotiation website. If the hyperlink does not work, you can copy the following link into your web browser i.unisa.edu.au/staff/ptc/employment-conditions/enterprise-agreements/enterprise-bargaining/staff-ballot/.
It is important to note that once a collective agreement has been concluded, both the employer and the union are required to respect that agreement. Therefore, an employer should seek the assistance of a lawyer before participating in the collective bargaining process. The parties approve the proposed company agreements among themselves (in the case of employees, the matter is put to the vote). The Fair Work Board then evaluates them for approval. (Under the Fair Work Act 2009, agreements have now been renamed “company agreements” and filed with the Fair Work Commission to assess claims against the modern award and be reviewed for violations of the law.)  Employers are required by law to negotiate in good faith with their employee representative and to sign any collective agreement entered into. This obligation includes many obligations, including the obligation not to make certain changes without negotiating with the union and not to circumvent the union and to deal directly with the workers it represents. These examples hardly scratch the surface. Given the complexity and importance of this issue, employers should do so. We are now at Meeting No. 15 after a short break from the discussions until October to move forward with the elaboration of the points on which we agree in principle.
We are committed to positive and productive discussions in good faith with unions and strive to reach an agreement that is as effective as possible within a reasonable time frame that meets our common needs. The management negotiating team participating in the negotiations will be: this ideal seems to be lost these days. The latest report on bargaining trends highlights this with significant statistics: nearly 20% of company agreements approved in the June 2020 quarter, which affect 53.6% of employees, do not include quantifiable salary increases. This is largely due to the fact that the wage increases in these company agreements are linked to the future results of the Fair Work Commission`s annual compensation review. This is consistent with a trend I have seen in some industries, with company agreements slavishly reflecting the terms of the underlying attribution. So it seems that employers and employees go through a lengthy process of negotiation and approval, only to be lumped together as an agreement that largely replicates the underlying attribution. Somehow, everything became too heavy. .