If an amendment to an enterprise agreement is approved, the change will occur from the date indicated in the decision to approve the amendment. The first request that is expected to vary due to the COVID-19 pandemic was CVSG Electrical Construction Pty Ltd2, and the decision provides useful guidelines for employers who have wage increases that are expected to come into effect in the coming weeks, particularly on July 1, 2020, as part of a business agreement, and who are facing a short-term crisis. Last month, the Fair Work Commission (FWC) created a special email account for urgent applications pending an influx of requests to amend business agreements to “freeze” wage increases in response to the consequences of COVID-19. Although it is necessary for at least one workers` representative to sign the amendment, it is not necessary for each negotiator to sign the amendment. To obtain Commission approval for an amendment to the enterprise agreement, a person covered by the agreement must submit an application for an F23 form available on our form page. Significant changes have therefore been made to minimize the time required to amend an enterprise agreement to meet the needs of employers in order to respond quickly to COVID-19`s challenges. If the affected workers of an employer or employer under an enterprise agreement have been asked to approve a proposed amendment, the amendment is made if the majority of the workers concerned who voted valid approve the amendment. If the parties fail to agree on the terms of a proposed enterprise agreement, a representative of the negotiations may ask the Commission for assistance in fair work. The same procedure applies when an amendment to an enterprise agreement with the Fair Work Commission (FWC) is to be cancelled. The signed copy must contain the full name and address of each person who signs the change; and a declaration of the person`s power to sign the amendment. 3.
An amendment to an enterprise agreement has no effect unless it is approved by the FWC in accordance with Section 211. The amendment proposed by CVSG Electrical was approved by the majority of the 65 employees in the enterprise agreement. In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement. Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers.