Enterprise Agreement Notice Period

September 18th, 2021

53.5. Notwithstanding clause 53.4, the university may also terminate a professional`s employment relationship if the loss of a license or qualification or other circumstances that do not constitute medical incapacity, unsatisfactory performance or misconduct within the meaning of this Agreement result in the employee not being able to perform the duties of his or her position for an inappropriate period. Under these conditions, the university will re-staff as much as possible. Staff must support the agreement by voting in favour of it. Voting may not take place until at least 21 days after the date on which workers have been informed of their right to a bargaining representative. An IFA may be terminated either by written consent between the employer and the employee, or by the employer or employee by written notice. The 7-day period may be granted at the same time as the 21-day period (between the date of the last notification of workers` representation rights and the vote on approval). Where a modern premium is not applicable, workers and employers may agree on contractual terms that set a different notice period (provided that it is equal to or greater than the NES minimum threshold). An employer may not require a vote on the approval of a proposed company agreement until 21 days after the last notification of employee representation rights (in respect of the proposed company agreement). [1] However, this section of the FW Act makes no reference to the dismissal that the worker must pay in exchange.

What happens if an employee doesn`t give the right notification? Organisations that are negotiators (employers, employers` organisations and trade unions) in favour of a proposed company agreement must disclose certain financial benefits that they (or certain close persons) could (or could obtain) because of the duration of the proposed agreement. If the employer gave the last communication on workers` representation rights on Wednesday 3 February 2016, the employer cannot require workers to vote on the approval of the proposed agreement until at least Thursday 25 February 2015. 53.10. Subject to point 53.9, where temporary employment expires and no other employment is offered to the employee, the following notice periods apply: Article 118 of the FW Act provides that modern company agreements may set the period of notice that a worker must grant to his employer in order to terminate his employment. Company negotiations are usually the process of negotiation between the employer, workers and their negotiators with the aim of concluding a company agreement. The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process is to take place, including the rules for negotiation, the content of company agreements and how an agreement is concluded and approved. “During the current crisis, employers, workers and their representatives must work together to save businesses and jobs, and changes to company agreements play an important role,” said Innes Willox, CEO of Ai Group. . . .

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