A final point regarding contracts is that it may be desirable for certain issues to be dealt with in the employer`s policy rather than in a formal contract. Policies can be changed unilaterally by an employer if it gives employees reasonable notice, while contracts can only be changed by agreement (express or implied). Employers, employees and their negotiators are involved in the negotiation process for a draft company agreement. An employer must inform its employees as soon as possible, but no later than 14 days after the period of notification of the agreement (usually the start of negotiations), of the right to be represented by a negotiating representative when negotiating a company agreement (with the exception of a creation agreement). Notification must be given to any current employee who is covered by the company agreement. While a company agreement offers some degree of flexibility, it should not exclude the ten minimum conditions contained in national employment standards: the Fair Work Commission may adopt a workplace provision that prescribes conditions for the employees to whom it applies. In addition, the Fair Work Board may issue a statement of a serious and persistent breach of a bargaining order that has significantly compromised the negotiations. If the issues are not resolved after 21 days, the Fair Work Board may make arrangements in the workplace. For more information on agreement-based transition instruments, including the amendment and termination of such agreements, see www.fairwork.gov.au. Understand your rights and obligations in the workplace under the Fair Work Act today! An interesting example of what can be done is McDonald`s. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement and used various meeting rooms to encourage participation, including the shutdown of movie theaters. The union, in consultation with McDonald`s, has prepared contract summaries on the differences between the terms of the contract and the current terms. Employees were provided with hard copies of abstracts or had access to electronic versions and copies on bulletin boards.
Other meetings were held by the union where explanations could be given and questions could be asked. Employees were also able to contact the human resources of each state for clarification on the matter. The FWC decided that these were appropriate measures to ensure that the declaration was provided in an appropriate manner, taking into account the needs of staff, including young people. Federal labor laws on company agreements have changed several times in recent years. Prior to the entry into force of the Workchoices Laws in March 2006, company agreements were called Certified Agreements and Australian Workplace Agreements or AWAs. A company agreement must not contain any illegal content. .