If more than one company agreement covers the workers covered by the proposed company agreement, a request for a vote on the protected measures may not be submitted more than thirty days before the last nominal date of expiry of those company agreements. When considering whether or not to order a protected appeal vote, the Commission must be satisfied that the negotiators of the workers who requested the election actually tried to reach an agreement. A request for a vote on a protected measure must not be submitted more than thirty days before the nominal expiry date of an existing company agreement concerning employees and may not be submitted before the expiry of a «notification period» in respect of the proposed company agreement. The notification period is the case where the employer has entered into negotiations or agreed to negotiate or where the Commission has adopted a majority aid decision, an injunction on the scope of application or a low-paid authorisation.  The current coronavirus (COVID-19) situation is causing significant disruption in Australian workplaces. Our activities and those of the Australian Electoral Commission (AEC) are also affected. When a contract of employment is put to the vote of the workers, it does not mean that the negotiations are over and dusted off at that time. Earlier this month`s decision by the Federal Court of Construction, Forestry, Mining and Energy Union against CUB Pty Ltd  FCA 692 clarified that misleading statements made before the vote could put an end to the authorisation procedure. To avoid this, employers should directly encourage their managers to minimize the potential for misleading statements during negotiations. These include the cost of hiring the ACS to vote, the employer`s efforts to support the approval process, and the parties` efforts to reach mutual agreement.
If you support the establishment of a company agreement with your employer, support the implementation of protected collective actions against your employer, which concern one or more of the following factors: although this is not strictly topical, the current environment has highlighted the distinction between conflicts of objectives between the parties in general a mixture of similar (e.g. .B agreement) and yet polarized (e.g.B positions. Cost savings compared to salary increases). Where a vote on protected measures is taken before the nominal expiry date of an existing agreement, it is illegal to organise or take trade union action in accordance with the vote before that nominal expiry date. When trade union actions are taken before the nominal expiry date, even if this measure has been approved by the vote on protected measures, the labour dispute is not protected.  In this case, it was alleged that an officer of the CUB provided employees with a false presentation of the outcome and impact of related litigation within the Fair Work Board. Although the voting procedure for the approval of an agreement has begun, the CFMEU requested a summary to stop the second day of the vote and the counting of the votes cast. As soon as the «access time» (i.e. the seven days before the vote) is over), farm managers should direct site managers by keeping them informed through informal discussions and, most importantly, by providing written scripts that they can follow.
They should also consult their legal representatives to ensure that decisions and results are correctly interpreted and summarised before being forwarded to staff. Otherwise, the company agreement may break and may lead the employer to face additional costs and effort, or, according to the federal court, this may lead to a «waste of resources». If the applicant wishes a person other than the Australian Electoral Commission (AEC) to be the protected share voting agent for the protected share, the application must indicate the name of the person. . . .