The Fair Work Commission will check company agreements to verify illegal content. The Fair Work Commission cannot approve an enterprise agreement containing illegal content. For an enterprise agreement to apply to a worker and his employer, it must be operational and cover the worker and employer, and there must be no other provision of the Fair Labour Act that means that the agreement is not applicable. There are two reasons for this need. First, enterprise agreements allow employers and employees to change the terms of bonuses to make them more suitable for their businesses, provided workers as a whole are better off. Second, enterprise agreements prevent employees from taking strike action for their nominal duration of up to four years from the beginning of the conflict (i.e. without strikes). Of course, entry into an EA can sometimes be a requirement of a prime contractor before entering into a contract to carry out work, especially on large construction sites. This type of application is as controversial as « settlement agreements » with a union, but which are not approved by the FWC. Many workers in the retail, fast food, warehousing and distribution sectors are covered by the enterprise agreements negotiated by the SDA.
If necessary, the Commission for Fair Work can adopt a negotiating decision on the proposed agreement. A negotiating settlement will include measures that the Fair Work Commission must take, measures that should not be taken and other issues that the Commission deems necessary for fair work to promote fair and effective negotiations. For more information on agreement-based transitional instruments, including the modification and termination of these agreements, see www.fairwork.gov.au. Enterprise agreements are based on the minimum conditions of Modern Awards and/or vary them. Modern prices are a safety net of minimum conditions for an entire industry or mode of operation, for example.B. the 2010 General Retail Industry Award applies in retail. If a workplace has an enterprise agreement, the modern price does not apply. Enterprise agreements and bonuses apply in conjunction with national employment standards (nS).