How to Negotiates an Enterprise Agreement in Australia Research Paper

How to Negotiates an Enterprise Agreement in Australia - Research Paper Example Through an enterprise agreement, employees, employers as well as bargaining representatives (including unions) negotiate to create a set of employee entitlements bridging the gaps between organizational aims and employee interests. Accordingly, an enterprise agreement can have terms that are added to the National Employment Standards in Australia (Aged & Community Services, n.d.). This paper highlights the process of negotiation of enterprise agreement generally followed in Australia. Ways to Negotiate an Enterprise Agreement in Australia An enterprise agreement in Australia is regulated by the New Fair Work System, which was enacted during the year 2009. This agreement works as a tool that allows employers and employees to bridge the misalignment and develop an agreement based on mutual interests concerning the rights that may better suit the needs of the individual in the respective workplace. There are basically three types of enterprise agreements available in Australia, viz., Si ngle-enterprise agreements, Multi-enterprise agreements and Greenfields agreements. Single- enterprise agreements take place between the employees and a single employer emphasizing a particular interest, rather than taking into account multiple interests. Correspondingly, a multi-enterprise agreement is signed between employees and employers involving more than one interest. Unlike the single and multi-enterprises agreements, the Greenfields agreements are made between an employer and an employee in the organization and can be formed both in the manner of a single?enterprise or a multi?enterprise agreement (Fair Work Australian Government, 2013). Commencing  Bargaining The first step of negotiation in signing an enterprise agreement in Australia is to commence bargaining between the employee and the employer. There are the two ways through which a bargaining may start in enterprise agreements in Australia. Initially, the employees and employer need to agree to negotiate, following which, employee bargaining process shall instigate. Correspondingly, the union may approach the employer with a proposed agreement or a list of demands, often regarded as a ‘log of claims’, conveying those attributes they would like to see in the proposed agreement, or the changes they wish to make to an existing agreement. In broader terms, if approached by the union or the employees, the employer must negotiate and must do so in good faith. If the employer refuses to negotiate, the other party may apply to fair work provisions in Australian Fair Work Commission to obtain a majority support determination, mandatory to obtain statutory approval for the negotiated changes (Australian Fair Work Commission, 2013). Low-Paid Bargaining The recently followed negotiating process of enterprise agreements in Australia provides a new scheme of bargaining for industrial development of low paid employees. To facilitate the entry of this particular group of employees, rendering equ al significance to the interests of their respective organizational employers, the provision in Australia provides with a special low?paid bargaining benefit. In precise, the provision dictates that Fair Work Australia may convene and chair conferences and guide the parties through the negotiating process in order to secure the interests of low-wage earners within the economy (Teicher & et. al., 2013). Good Faith Bargaining The Fair Work Commission of Australia is also regarded as a determinant and noteworthy aspect in constructing enterprises agreem