If an IFA does not meet these conditions, it will continue to take effect. However, it may violate the Fair Work Act 2009. There are also strong safeguards that prevent an employee from exerting undue influence or pressure on him or her to pass an IFA. Penalties of up to $13,320 can be imposed for an individual and $66,600 for a business. There is no obligation for an employer to enter into negotiations for an EA with an employee or union if it does not wish to do so. However, if an employer formally refuses to negotiate, it is up to the workers (usually through their union) to withdraw or ask the FWC for a formal vote to support the business bargaining process among employees. If a majority of workers vote in favour of enterprise bargaining, the FWC will give a majority decision and the employer will then be required to negotiate in good faith. It is also open to workers to obtain orders from the FWC that authorize the exercise of trade union actions (for example. B strike or a campaign of domination). Please note that we are in the process of updating the PDF version of this fact sheet containing updated penalties for violations or non-compliance with the Fair Work Act.
An updated version will be available soon. In the meantime, you`ll find information on penalties in our law enforcement section. An enterprise agreement must include the following conditions: the terms of an enterprise agreement, transitional instruments (grant or agreement) and modern rewards cannot exclude NES and those that have no effect. For more information on agreement-based transitional instruments, including the modification and termination of these agreements, see www.fairwork.gov.au. If you agree to an agreement, the employer must send each worker a communication giving them the opportunity to negotiate individually or through a bargaining representative. For workers who are unionized, their union is their default representative if they do not make their own communication. They may designate their union as a bargaining representative, or they may be involved in the negotiations themselves or appoint another person as their representative. The employer must negotiate in good faith with all negotiators (not just the union) when there is no obligation to reach an agreement.