The enterprise agreement has the same meaning as in the FW Act. 3. A finding under paragraph 1 is considered conclusive that an enterprise agreement meets the requirements of paragraph 11. 4. A company covered with code may not or will not apply any procedure or practice (as described) with respect to construction work that has or will have any of the effects described in subsections 1 or 3, when the behaviour, practice or procedure has been included in an enterprise agreement. 1. A company covered with code cannot negotiate, enter into an agreement or implement an agreement on construction work: (a) that deal with issues that cannot be included in the agreement in accordance with Section 11, if the agreement is an enterprise agreement; or (a) to eliminate or render inoperative the clauses of an enterprise agreement that are incompatible with Section 11, including clauses that: (b) impose or provide for the application of the terms contained in an enterprise agreement that do not cover and apply to the employer and the workers concerned. 2. The subsection (1) does not apply to an agreement between an employer and an individual worker or to an individual flexibility agreement. 3. A company covered by code cannot enter into a construction work agreement with a subcontractor who, in accordance with article 34 of the Law, could be required to comply with that code of conduct if: for example, an unregant location contract or a project agreement between a principal contractor and a relevant union would be an unregord written agreement. 2. The CBA can verify in advance whether a proposed enterprise agreement, if concluded and approved in a specific form, becomes an enterprise agreement in accordance with the requirements of Section 11 of this Code of Conduct. Note: The subsection (3) contains a non-exhaustive list of clauses that cannot be included in enterprise agreements.
(o) when deciding whether to be represented in appeal or litigation proceedings (whether or not they are under an enterprise agreement), workers must have the freedom to choose to be represented in appeal or litigation proceedings (whether or not they are under an enterprise agreement) and, if applicable, by whom; and (1) The CBAC may find that an enterprise agreement complies with the requirements of Section 11 of this Code of Conduct. (i) provide that the terms of the enterprise agreement are read in a manner consistent with subsections 11, paragraphs 1 and 3; or Note 2: The clauses of a business agreement inconsistent with this section affect the suitability of a company covered by the code to award or award Commonwealth-funded construction work (see Section 23, paragraph 1) (a) of this Code of Conduct. Workers who, after many resigned workers who have suffered months of financial losses, can return to work with the problems of the Covid pandemic, knowing that the EBA agreement was in effect to enable them to obtain benefits. For the first time, it was an agreement with which all employers, industrial organizations and workers agreed, but the ABCC has always managed to delay the authorizations, thus denying employees the wage increases and benefits due. Note 3: Item 15, paragraph 1, contains additional requirements for the content of enterprise agreements with respect to dispute resolution conditions. 2. Until November 29, 2018, subsections 1 and 3 do not apply to contractors and participants in the construction industry with respect to an enterprise agreement reached prior to the commencement of this Code of Conduct.