Federal Collective Bargaining after Electrolux

Abstract

The Workplace Relations Act 1996 (Cth) (‘the Act’) pt VIB establishes a framework for the registration and enforcement of certified agreements, which are collective industrial instruments that regulate the employment relationship for a significant proportion of the workforce. The Act provides for agreements between unions of employees and employers and agreements between employers and employees directly. A certified agreement comes into effect only after it is approved by the employer and a ‘valid majority’ of its employees and is registered by the Australian Industrial Relations Commission (‘the Commission’). The significance of registration of a certified agreement lies in the imposition of legally enforceable rights and obligations upon the parties bound by the agreement. One of the most significant obligations imposed on the parties bound by a registered certified agreement is the obligation not to engage in industrial action for the duration of the agreement, which is ordinarily no longer than three years.

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