Q 1. The process of marketing can be labelled as a proc

Q 1
The process of marketing can be labelled as a procedure under which one or more employers and
employees (or their unions) decide the terms and conditions that are going to be a part of an
agreement. In such cases, either party can be represented in this course by a bargaining
representative. The bargaining regarding the planned enterprise agreement starts when the
employers increase to bargaining or starts the process of bargaining or when the mainstream
support resolve comes into action or the range orders become operated or a low-grade
authorization specifying the employer comes into action. This period is called the notification
time. In this regard, the lone enterprise agreement date calculator is an instrument provided by
the Fair Work Commission, which can help the employers, their representatives and bargaining
representatives in making sure that the process adopted by them for making the agreement and
the application for approval is according to the legislative time framework (ABS 2001).
In this regard, there are certain legal responsibilities and rights that have to be witnessed by the
employers, employees and their representatives (Barrett, R.1995). These can be described as
follows
The law provides that the employees under an obligation to take all sensible strides for notifying
the workers regarding the entitlement to be represented as soon as practical and it should not be
more than 14 days after the period of notification. The notice ought to be given in the form of a
precise reproduction of the notice of employee representative rights. That is mentioned in
schedule 2.1, Fair Work Regulations, 2009. It is also mentioned under the law that there can be

no other content present in the notice (Belman, D.1992). The notice is required to be given to
each employee who is going to be covered by the agreement and who has been employed at the
time of the notification. In case any new person has been employed after the time of notification
and the notice has already been given to the other employees, then it is not necessary that the
notice should be given to such person. In this regard, he needs to be mentioned that according to
the law a vote cannot take place until no less than 21 days after the last notice of representative
rights has been given.
There are certain categories of persons who can act as bargaining representatives. Therefore the
following persons can act as bargaining representatives (Buultjens, J.1994). An employer who is
going to be included by the agreement; any union member, who is going to be included under
such agreements (unless it has been specified in writing by such member that he does not want to
be represented by such union); any union that has applied for low-pay authorization related with
the agreement; or any person who has been mentioned in writing as the bargaining representative
by either the employer or an employee who's going to be covered by such agreement.
In this regard, it is required by the law that the organizations that are going to it as bargaining
representatives, including the employers, their organizations and unions regarding a planned
enterprise agreement are under an obligation of disclosing some financial advantages that they
are or may receive on account of any term mentioned in the proposed agreement. The disclosure
is required to be mentioned in the document with particulars of pertinent financial advantage,
and it is known as the disclosure document (Campbell and Brosnan, 1999). The employer who
produces the disclosure document is required to provide it to the employees. The union or
employer organization, which has created the disclosure document, is required to give it to the
employer, who will then provide this document to the employees.

Requirements of good faith bargaining: it is required by the law that the bargaining agents should
take action in good faith during the procedure of bargaining in case of planned enterprise
agreement. The good faith bargaining requirements that are applicable in case of a bargaining
representative can be described as follows:
 Attending and taking part in the meetings at reasonable times;
 Disclosing relevant information (apart from confidential or commercially sensitive
information).
 Responding to the proposals that have been made by other bargaining representatives
regarding the agreement.
 Genuinely considering the proposals that are going to be made by the other bargaining
representatives and giving reasons for the response to such proposals.
 The bargaining representatives should not behave in an unfair or capricious manner
which undermines the freedom of association/collective bargaining.
 They are also required to recognize and bargaining with other representatives for
completing the agreement.
However, it needs to be mentioned that it is not required by good faith bargaining necessities that
the bargaining agent should make concessions during the agreement bargaining, or they should
arrive at an agreement on the terms that are going to be a part of the agreement (Dabscheck,
1995). Before the enterprise agreement has been permitted by Fair Work Commission, they
should be contented that endorsement of the agreement is not going to result in undermining
good faith bargaining by one or more agents regarding a particular enterprise agreement. Apart

from it, the bargaining agents of the employee who is going to be covered by such an agreement
is also under an obligation for not to be involved in pattern bargaining regarding the agreement
(Evatt Foundation, 1995). Pattern bargaining takes place when the bargaining representative is
going to represent two or more proposed enterprise agreements and seek, in terms of the
agreement with two or more employers. However, it will not be considered as pattern bargaining
if the agent is generally making efforts were arriving at an agreement.
There are certain steps that need to be taken for seeking the approval of an enterprise agreement.
After the parties have completed bargaining and they have created a draft enterprise agreement,
such agreement needs to be voted upon by the employees were going to be covered by such
agreement (Freeman and Medoff, 1984). Therefore before the vote for approval of the employees
can take place regarding the agreement, it is the obligation of the employer to make sure that:
Within the period of seven days before voting on the agreement, the workers have been provided
a copy of the agreement as well as any other substance that is a part of the enterprise agreement.
Similarly, the employer is also under an obligation to notify the employees regarding the time
and place where the vote is going to take place and the voting method that is going to be used.
The employers are also under an obligation for taking all reasonable steps for the purpose of
making sure that the terms of the agreement and their influence have been properly clarified to
the workers.
The clarification of the terms has been provided in appropriate manner (Hawke, 2000). It should
be suitable for young workers, the workers coming from culturally varied circumstances and
workers who did not have the bargaining agent.