The Fair Work Commission can then help some low-wage workers and their employers negotiate a multi-company agreement and make a decision in certain circumstances. In a company agreement, it is possible to reorganize different classes of leave or working time or payment as long as the agreement is concluded with the Better Off Combination Test (BOOT): overall, employees must be better off than they would be under the price. For example, if a higher flat hourly rate is paid instead of the base rate plus overtime, the total income must be higher than that which would be paid for the corresponding overtime model as part of the premium. The process of reaching an agreement can take many weeks or months of discussions and a high degree of knowledge and industrial expertise in negotiations to address issues of importance to each party. Negotiators are required to act in good faith when negotiating a proposed company agreement. The rate of pay of a worker under an undertaking agreement may not be lower than the corresponding rate of pay under the modern bonus which would apply to the worker or under a national provision of the minimum wage. A standard company agreement would take three years. A multi-company agreement is concluded between two or more employers (not all of whom are employers with a single interest) and workers employed at the time of conclusion of the contract and covered by the agreement. Once the negotiations have been concluded and a draft company agreement has been drawn up, it must be submitted to the vote of the employees covered by the agreement. To avoid confusion and misunderstandings, it is important that you make sure that the company agreement would contain all claims in the NES.
Where a term of an undertaking agreement provides for a right less favourable to a worker than the equivalent right in the NES, the right under the NES shall apply and be applicable to the worker, irrespective of the terms of the agreement. Although bonuses cover the minimum wage and the conditions of a sector, company agreements can cover specific agreements for a given company. . . .