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. This means responding reasonably to the negotiators` proposals, including providing financial information to support the allegations about the financial imperatives of the organization. Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer. There are two ways of expressing the nominal expiry date in an enterprise agreement: when reviewing the requirements of s.226 (b), Full Bench acknowledged that the application had been made as part of a stay of negotiations. The agreements submitted to the application had a particular history following instructions given to Aurizon by its former owner, the Queensland Government. Special clauses included a job guarantee, also expired, and other labour practice clauses that compromised Aurizon`s ability to effectively manage the business. One of the results of the termination of the agreements would be that 69 workers who did not have a productive role within the organization would terminate their employment. Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement.
A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. McDonalds is an interesting example of what can be done. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement, using a large number of meeting places to encourage participation, including the rental of movie theaters. The union, in agreement with McDonald`s, prepared summaries of the agreement that outlined the differences between the terms of the contract and the current terms.