Enterprise Agreement Disputes

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The FW Act requires a dispute settlement clause in a company agreement to do the following: in particular for the replacement of an agreement, unless the new agreement provides for a mechanism for «retention» of existing disputes, the Commission will not have the competence to deal with such a dispute, even if the dispute was notified during the implementation of the agreement. Termination of the operation of a company agreement means that there are no longer any dispute settlement rights under this Agreement. Instead, it is up to the party wishing to pursue the case to assert a breach of the agreement in legal proceedings. The cessation of the operation of a company agreement means that the rights are no longer constituted by that agreement. Subject to a savings provision applicable in a replacement company agreement, the FWC is not entitled to take up the matter. An IFA may be terminated either by written consent between the employer and the employee, or by the employer or employee by written notice. Modern premiums require 13 weeks` notice, but this may be different in a company agreement (but no more than 28 days). A registered agreement establishes the working conditions between an employee or group of workers and one or more employers. Under the national labour relations system, there are two categories of agreements: these arguments were rejected by Vice-President Barclay, who found that, under the dispute settlement procedure in the 2014 agreement, the Commission still had the power to order and rule on the dispute, given that the workers on whohalf the AMWU had made the request, an «accumulated right» to let the dispute rule . . .

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