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Under the FW Act, a person – generally an official of an industrial organization („licensed”) with a permit to enter fair work („entry permit”) is allowed to enter the workplace to investigate violations of the FW Act or to have interviews with workers whose interests or may represent the interests. Before entering the workplace, the holder of the authorization must provide the employer with a written notice („Entry Notice”). This should not be provided for less than 24 hours and no more than 14 days before the visit proposed by the holder of the authorization, but it is possible to make less possible notification if the FWC is entitled to a waiver. However, it is easier to reach agreement in sectors where firms are under competitive pressure, including market conditions that are beyond the control of local firms. For example, workers can agree to reduce the level of wages in enterprise agreements negotiated under better working conditions, in order to remain competitive and save jobs. In this case, the level of wages could be reduced to the rates paid in the underlying premium. The experienced team of AMMA labour relations consultants is available to advise you on opportunities that can provide the leverage needed to eliminate non-competitive employment conditions and enable companies to remain competitive in challenging and transformed markets. Aurizon Operations Limited, Aurizon Network Pty Ltd and Australia Eastern Railroad Pty Ltd (Aurizon) had 14 enterprise agreements for their staff, with a nominal expiry date of December 31, 2013. Good faith requirements that meet the negotiating conditions do not require a negotiator to make concessions for the agreement during negotiations or to agree on the terms to be included in the agreement. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement.

From that date, an employee`s terms and conditions are deducted from the enterprise agreement. In its decision to terminate the 2012 Griffin Coal (Maintenance) collective agreement, Griffin Coal found undisputed evidence that the enterprise agreement significantly affected its ability to operate productively and efficiently and contributed to exorbitant production costs, resulting in significant losses for the company over several years. 4. Carefully designed employer businesses can take comfort in the practical impact of redundancy on workers. In each of the three examples above, this was a material consolation for the FWC, which favoured termination. If a layoff had a sudden impact on home pay (for example. B by reducing employee pay at added rates), the FWC`s assessment of the likely effects on workers becomes a major obstacle to an employer`s application.