2.56 Several circles are concerned about four other issues related to the role of the OAS. First, Professor Stewart`s argument referred to a number of reported cases in which concerns were expressed about AAT authorized by the Employment Advocate, which almost certainly did not pass the test indiscriminately. Perhaps the most famous of the most recent cases involved Bakers Delight`s Dernancourt franchise, which was brought before the Industrial Relations Court of South Australia to pay $1438 less to a 15-year-old student who had signed an AWA than was required by the terms of the state price that applied to her position. The Committee is aware that the only reason the appeal to a labour judge was successful is that the employer was unable to prove that the worker`s AWA had been approved by the OAS. Whether or not the OAS approved the AWA is a contentious issue. The important problem is that the company employed more than 50 people on AA, which were identical to the agreement signed by the worker at the center of the dispute. The last paragraph of Justice McCuster`s decision is in part as follows: under the national industrial relations system, there are two categories of agreements: once negotiations have been concluded and a draft company agreement has been drawn up, it must be put to the vote of the workers covered by the agreement. There are no employees who vote on a Greenfield deal. This type of agreement must be signed by any employer and any relevant workers` organisation that covers it. There are three types of company agreements in the federal system: 2.12 Other witnesses pointed out that Australia`s labour relations laws have not been conducted with countries that have decentralised bargaining regimes, where the right to collective bargaining is guaranteed to workers through a democratic vote in the workplace.
Workers in Canada, the United Kingdom and the United States can vote by majority to decide on the form of negotiations with their employer. It is a democratic choice that binds all workers and the employer. The idea was launched in Australia by Greg Combet, secretary of CUTA, who believes that a real choice is to let workers decide how best to protect and promote their own wage and working conditions, and to back it up with an enforceable right.  Company agreements must comply with the “Better Off Over Over test” (BOOT) in relation to the corresponding distinction. In reality, this means that, when entering into the agreement, the employee must be in a better financial position than he would have been under the price. A company agreement is an agreement on admissible matters: company negotiations are usually the process of negotiation between the employer, workers and their negotiators for the purpose of concluding a company agreement. The Fair Work Act 2009 sets out a clear set of rules and obligations on how this process is to take place, including the rules for negotiation, the content of company agreements and how an agreement is concluded and approved. . .