The High Court confirmed that an employer can enter into an agreement for a new project with a group of existing employees who will work on the new project, even though the project has not yet begun at the time of the agreement and the workers are working on that date in another part of the employer`s activity. In appropriate circumstances, the decision offers an alternative to negotiating a greenfields agreement for a new project. The group of workers with whom the agreement is reached should be a “fairly chosen group” and a genuine agreement should be reached with them. In October 2017, eight applications for approval of business agreements on matters of general interest were referred to a full-fledged Bank of the Fair Work Commission. This decision will have a considerable impact on employers who wish to avoid entering into agreements with the unions concerned on green fields. As a result, unions should seek an amendment to the Fair Work Act 2009 to address what they see as an unintended consequence of the legislation. The High Court confirmed that the Fair Work Commission`s decision was legal when it approved an enterprise agreement with existing employees who worked in another sector of the company but had not yet begun working as employees in a new company. The unions argued that it should have been an agreement in the green grasslands, with a view to an agreement with the Union. The vote on the new domino enterprise agreement… “There are two other Aldi demands for the non-union Jandakot and Regency Park agreements before the FWC, which are also affected by a flawed denunciation of workers` representation rights.” The applications raise all questions about how to apply the “best overall test” to an agreement that converts penalty interest and other benefits into charged rates of pay. With the (partial) authorization to authorize Aldi`s complaint, the High Court confirmed that it is legal for an employer to enter into an enterprise contract with existing workers if the enterprise contract does not yet apply to workers or covers the work that workers perform at the time of their contractual agreement. “With recent legislative changes, we are optimistic that eAs will not be delayed by non-essential technical issues and that the FWC will now be able to deal quickly with the agreements for which our employees voted overwhelmingly.

However, the SDA still questions the approval of Aldi`s AV and SA agreements three years ago due to the use of the word “guide” and the failure of the best overall test. A new collective agreement for businesses, which protects the house and keuzung… The charge rate in the agreements in case of an e-mail subscription update on the merger application currently before the Commission. A Federal Court of Justice on Friday upheld the rejection of Aldi`s enterprise agreements on the grounds that the company had deliberately changed a word about their representation rights in its communication requested of employees at the start of negotiations. For more information on the Better Off Overall Test and Greenfields agreements, please contact Ai Group`s employment advisory service on 1300 55 66 77. If you would like support for a new business project or for better combination testing analysis for an enterprise agreement, please contact your local labour, employment and industry lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au. Mr Aldi said the approval process for agreements had generally been recognised as “unnecessarily complicated.” The High Court granted (in part) Aldi`s appeal in its long-standing dispute with the SDA for the approval of an enterprise agreement.