1. Explain the relevant industrial relation legislation and regulations.

Industrial relations or employment relations is the multidisciplinary academic field that studies the
employment relationship; that is, the complex interrelations between employers and employees, labor/trade
unions, employer organizations and the state.The main legislation providing for the health and safety of
people in the workplace is the Safety, Health and Welfare at Work Act 2005 (as amended). It applies to all
employers, employees (including fixed-term and temporary employees) and self-employed people in their
workplaces.Concept of Industrial Relations. By “relations” we mean “the relationships that exist within the
industry between the employer and his workmen.” The term industrial relations explains the relationship
between employees and management which stems directly or indirectly from union-employer relationship.

2. Summarise the enterprise and workplace bargaining process.

As an employer, you may have heard of Enterprise Bargaining Agreements (EBAs) and are wondering if
they are right for your business. An EBA is an agreement between employers and employees to vary the
terms of an industry employment award.
• single enterprise agreements;
• multiple enterprise agreements; and
• greenfields agreements.
There are several advantages for employers and employees looking to enter into an EBA:
• employers can spend less time and energy interpreting and applying complex industry
awards; and
• employees are, overall, better off than they would be under the relevant award.
Single Enterprise Agreement
A single enterprise agreement can be created by two or more employers who share a single
interest. To create a single enterprise agreement, all the employers wishing to join the agreement
need to receive a determination from the Fair Work Commission that they are single interest
employers. For example, this could be employers in related corporations or who are involved in a
joint venture. A joint venture is where two or more parties work together to accomplish a task or
project. These employers can come together to negotiate an agreement with their collective
employees.
Multi-Enterprise Agreement
A multi-enterprise agreement is created by two or more employers as well as the employees of
those different enterprises. These agreements differ from single enterprise agreements in that the
employers do not need to prove that they have a single interest in the bargaining process.
Employers will, however, need to agree to bargain together. This can be common for projects
where multiple organisations are involved, for example, in construction.
Greenfields Agreements
A greenfields agreement is a specific category of enterprise agreement that is only available to a
genuine new enterprise. This could be, for example, a new business or project. The key feature of
a greenfields agreement is that the employer needs to make the enterprise agreement with a
specific union before any employees are officially employed. You, as an employer, need to make
the application before any work (beyond any preparatory work) has begun.
A greenfields agreement can simultaneously be a single enterprise agreement and a multi-
enterprise agreement. The usual parties who participate in the bargaining process for a greenfields
agreement are the employer(s) and an employee association such as a trade union.

3.Summarise key entities in the current Australian industrial relations

system, including courts and tribunals, trade unions and employer
bodies that are relevant to the business your work in or would like to
work in?
As set out in the Fair Work Act and other workplace legislation, the key elements of our
workplace relations framework are:
• A safety net of minimum terms and conditions of employment.
• A system of enterprise-level collective bargaining underpinned by bargaining
obligations and rules governing industrial action.
 • Provision for individual flexibility arrangements as a way to allow an individual
worker and an employer to make flexible work arrangements that meet their
genuine needs, provided that the employee is better off overall.
• Protections against unfair or unlawful termination of employment.
• Protection of the freedom of both employers and employees to choose whether
or not to be represented by a third party in workplace matters and the
provision of rules governing the rights and responsibilities of employer and
employee representatives.
Australia's workplace relations laws are enacted by the Commonwealth Parliament.
The practical application of the Fair Work Act in workplaces is overseen by the Fair
Work Commission and the Fair Work Ombudsman.
The practical application of the Fair Work (Registered Organisations) Act 2009 is
overseen by the Fair Work Commission and the Registered Organisations Commission.
• The Fair Work Commission is the independent national workplace relations
tribunal and has the power to carry out a range of functions in relation to
workplace matters. These include the safety net of minimum conditions,
enterprise bargaining, industrial action, dispute resolution and termination of
employment. The commission also carries out a range of functions relating to
registered organisations (unions and employer organisations) such as their
registration, amalgamation, rules and applications for WHS and entry permits.
• The Fair Work Ombudsman helps employees, employers, contractors and the
wider community to understand their workplace rights and responsibilities and
enforces compliance with Australia's workplace laws.
• The Registered Organisations Commission monitors and educates registered
organisations about their responsibilities such as record keeping, finances and
elections. The commission was established in 2017 to increase financial
transparency and accountability in registered organisations.

4) Identify sources of expert advice that you could use in

your area?
If you are an individual or a small business owner wanting to consult a lawyer on workplace
issues involving dismissal, general protections or workplace bullying, the Commission can assess
whether or not you may be eligible for the Service. 
The Commission's role is to connect you with lawyers who may be able to help you. These lawyers work at
law firms and other legal organisations that are completely independent of the Commission.

5)Discuss the key features of relevant organisational policies and procedures?

Most community service organisations will have in place policies and procedures that govern
and regulate privacy and confidentiality of client information. This concept not only applies to what
you can disclose about your clients or your organisations outside of work, but also what can be
shared in network meetings. What information can be shared with other organisations, who shares
it and how this information is given out should be clearly defined in any effective, professional
service. It is often incorporated into a worker’s duty statement or job description.
All organisations should have written policy and procedures, and staff training in the following
areas:
• a confidentiality policy
• a clearly defined process for identifying and regularly updating a Community Resource
Index so that all workers are aware of what other services are available to refer to (the
index contains basis contact details and information about what each service provides)
• processes for networking with other agencies, including attending relevant interagencies
(meetings of local service providers)
• guidelines for case conferencing (this will be discussed in more detail a bit later)
 • referral protocols, including how referrals should be made, the kind of information that can
be shared with other services and any ongoing roles and responsibilities of each service
with regard to the client
• a policy for how long client information is kept after clients are no longer involved with the
service. For example, different government departments produce documents that outline
legal requirements for their staff in relation to storing and maintaining information.

6) Outline the key features of organisational objectives?

1. Basis for managerial functions:
Objectives provide basis for all managerial functions. Planning, organising, staffing, directing and
controlling are directed towards organisational objectives. Unless organisational objectives are
clearly identified, managerial functions will not be effectively carried out.
2. Basis for organisational existence:
Objectives provide foundation or legitimacy to business organisation. An organisation will not come
into existence if it has no objective to achieve. Objectives enable the organisation to make its
profile (identify its strengths and weaknesses) and relate it with environmental profile (opportunities
and threats). Organisation can, thus, relate itself with the environment.
3. Basis for various types of plans:
Different types of plans like policies, programmes, procedures etc. are directed towards
organisational objectives. If objectives are clear, managers will be able to make the plans. Clearly
defined objectives encourage unified planning. They promote vision of the future so that
instructions can be given to move in the right direction.
4. Standards of performance:
Objectives provide standards of performance against which actual performance is measured.
Organisational performance is directed towards objectives. Objectives, thus, provide the basis for
control. Deviations in actual performance are rectified and performance of sub-units, units and
departments is synchronized in a common direction.
5. Unity of action:
Objectives provide unity of action. All organisational activities related to all departments
(production, marketing etc.) are targeted towards organisational objectives.
6. Motivation:
Objectives at one level are a source of inspiration and motivation to achieve goals at higher levels.
Workers strive hard to achieve innovative and challenging goals. Rational and attainable objectives
motivate employees to work hard. Organisational goals should also satisfy personal goals. If goals
fulfill personal needs of employees, they feel motivated to contribute to organisational goals also.
7. Basis for coordination:
Objectives coordinate the efforts of people in different departments. Individual, sectional and
departmental goals are coordinated towards corporate goals. They also integrate the efforts of
individuals with those of the groups and the organisation.
People as individuals (internal and external to the organisation) cannot think differently from groups
and the organisation. Creditors, suppliers, customers, employees — all depends upon how well the
objectives of the organisation are defined.
8. Basis for decision-making:
Decision-making is goal-oriented. Objectives frame the areas for discretion within which
organisational decisions can be made.
9. Basis for organisation structure:
Organisation structure is designed keeping in view concepts like departmentation, span of control,
delegation, decentralisation etc. All these activities have to move towards a common direction.
Framing realistic and attainable objectives play important role in this regard.

7) What should training programs include?

• Make a business case.
• Develop objectives and learning outcomes.
• Develop content and instructional design.
• Access internal and external resources.
• Develop education and training materials.
 • Transfer knowledge, skills and abilities.
• Evaluate effectiveness.
• Undertake continuous improvement.

8) Option for conflict resolution based on the hierarchy of control.

1. Pause, breathe and decide on next steps.

A conflict-driven discussion just took place in a meeting, over email, or between you and a client: your first
step should be to take a deep breath and think about your reaction to the situation. Is it purely reactive? Are
you taking things personally? Is anyone else involved, and what might their outlooks be?
Deep breathing is a proven way to calm stress and provide a more focused outlook on the matter at hand, so
take at least one deep breath if you’re in the middle of a heated or stressful conflict. When we force ourselves
to pause and breathe, rather than react, we can save ourselves from reacting emotionally and striking out in a
way that might make things worse.
Next, decide how to proceed. If the conflict was part of a larger dynamic (a meeting involving several
people, a flurry of emails, or a small conflict within a bigger discussion), it might be best to wait to address
this until later, especially if you weren’t directly involved but it involves your team or projects.
If the conflict on hand brings things to a screeching halt but the team or communication must continue on,
acknowledge that something occurred but that it will need to be addressed later, and guide in the next
subject. In this case, it’s important to firmly but unemotionally continue things on—it’s likely that whoever
was involved is still processing many reactions, but continuing to press these conflicting issues in a group
setting will only result in more conflict and put people at odds. In one-on-one situations, this same tactic will
work.
Acknowledge that there is conflict on the table, that it should be returned to after a period of time, and move
on.
Breathe, breathe, breathe, and then work out how to resolve the conflict.
2. Address the issue privately.
Whether the conflict is took place over email, in a meeting, on a call, or in person, make sure that the act of
managing the conflict moves into a private arena. If the conflict takes place publicly, it can help to simply
state that it will be addressed offline or privately and encourage everyone to move on.
Addressing the actual issue privately allows any/all parties involved the chance to express their feelings and
intentions in a more safe environment, and prevents bystanders from getting needlessly involved.
3. Determine the most appropriate medium to deal with the issue.
Similarly to addressing the issue in private, it’s also important to determine what medium is best to deal with
any conflict at hand. Perhaps an in-person chat or video call is easiest so that body language can be read and
difficult emotions can be more easily expressed.
Deciding whether this should be done within the office—typically the best choice, especially in work-related
matters—or outside of the office over lunch, coffee, or a walk is also important. Regardless of those
mediums, it’s important to make sure it’s the appropriate one for the issue and people involved.
However, some people do better over chat or email, where they have the chance to carefully think out—and
edit—their statements. In this case, it’s particularly important to be hyper-aware of what is said in writing,
since it’s much more easily referred to (and remembered) than a quick or flippant comment in a verbal
discussion. Take care to ensure all people involved have a meaningful discussion is meaningful, rather than a
gratuitous rant that causes more issues than resolution.
4. Create an opening for communication so that everyone can have their say.
Once a medium is decided on to address the conflict, give the individual or everyone involved a chance to
have their say. Frame the conversation by stating that a conflict occurred and reinforcing the fact that
everyone should have a chance to express their understanding and feelings about the situation—and then
allow them to have that chance.
Step back and let them have their say individually, with no interruptions, outbursts, or judgment. Allowing
everyone to be heard can often clear the air right from the start—and then you can dive into the actual issue
itself.
5. Use active listening techniques when addressing the conflict.
Active listening is an amazing technique to become a better listener and can help with everyday project
work, but is especially effective in conflict resolution. Give feedback as you listen, use small
encouragements to show you’re listening, and restating the issues as well as pausing between statements can
be powerful ways to let someone else know you’re listening and engaged.
6. Repeat back your understanding of the issues.
While this is one of the major features of active listening, it deserves a callout of its own. We all perceive
things differently, and unfortunately, our communication methods haven’t evolved to beaming our thoughts
into each others’ heads at will—so taking every step to avoid a misunderstanding is important, especially in
conflict resolution.
By restating your understanding of the issues or conflict back to the individual you’re speaking with, you
solidify your own understanding and give the other person in the conversation a chance to correct you if
you’ve misinterpreted their words.
7. Use “I” statements to talk address any emotions or reactions to the issue.
“I” statements are a keystone of conflict resolution. By framing your thoughts around yourself, you avoid
placing blame or focus on emotions and reactions, which helps stick to the facts and solutions to an issue.
For example, you might demand from someone: “Why were you late to the client meeting? You know how
important it was”. Instead, frame the statement around your own reactions and emotions surrounding it,
rather than the characteristics of the person you’re speaking to. A more productive statement would be “I felt
frustrated that I couldn’t start our client meeting at the scheduled time, because I promised them we’d all be
a part of the meeting together.”
Statements like “so-and-so never includes me in decisions that impact design”, or “Working with so-and-so
is difficult” turn into much more meaningful statements that can be resolved quicker when using “I”
statements: “I get frustrated when I’m not aware of decisions that impact my work until after the decisions
have been made”, or “I find it difficult to do the best job possible when I find out about changes needed in
my work after I’ve already invested a lot of time into it.”
A big leap in resolving conflict can be made when taking ownership of your emotions by focusing on your
thoughts and feelings assertively, rather than putting others on the defensive.
8. Lean into the silence in difficult conversations.
Our instinct can be to fill in the silence when there’s a gap in the conversation, especially if that silence is
awkward or difficult. In conflict resolution, that silence is very different. Dig into those silences when having
a difficult conversation so that the others involved have a chance to reflect and consider their responses.
Allow time for everyone to carefully consider questions or start statements that can be difficult for them.
Encourage thoughtfulness, and don’t feel the need to fill in awkward silences when dealing with a topic that
doesn’t necessarily have an easy answer.
9. Understand when it’s out of your hands.
Regardless of our efforts and conflict resolution prowess, there might be situations where there is no
resolution that we can bring to the table. When that’s the case, we need to know when to give it up. Maybe
someone was just having a bad day, or are truly that difficult, or maybe you and your client will never see
eye-to-eye on a topic.
If a situation is too messy or difficult to resolve on your level, it’s time to realize it’s out of your hands and
should be given up or brought to the next step with HR or your manager.
10. Follow up with a close-out conversation, email, or call.
It’s nice to close out conflict resolution with a private follow up conversation in whatever manner is most
appropriate. Restate the resolution that was come to, thank the individual for their involvement and
communication in resolving things, and offer to be on hand for any future issues, thoughts, or conversations
they might want to have in the future. This helps close out the conversation and make sure everyone is
accepting of the place you’ve gotten to now that the conflict has passed.
Conflict resolution as a digital project manager can be a part of everyday life, but sometimes might need to
be taken to the next level by going to your manager or HR department if things become especially heated or
messy. Regardless of the situation, these tips for handling conflict in your everyday professional life will
help you find a starting point to hear everyone out. As for that manager, I mentioned in the beginning of this
article? He apologized to each of us individually after multiple project teammates approached him privately,
letting him know how they felt after he stormed out of our meeting, and how that affected their productivity
and feelings about the project.

9) What types of documentation could you evaluate to clarify issue in dispute?

If a dispute involves employees covered by an enterprise agreement and relates to the NES or an enterprise
agreement, the dispute resolution procedure in the enterprise agreement will apply and should be followed.
If there is no enterprise agreement in the workplace or an enterprise agreement does not cover the employees
involved in the dispute, the procedure outlined in the modern award that applies to the employer and
employee should be followed.
When neither an enterprise agreement nor a modern award applies to the employer and employee in relation
to the dispute, the procedure in a contract of employment applies.
A best practice dispute resolution process should:
• be simple
• allow appropriate stages so that matters can, wherever possible, be resolved at the workplace
• encourage parties to agree on a process that suits them if the dispute reaches the Fair Work
Commission
• provide the Fair Work Commission with the necessary discretion and power to ensure settlement of
the dispute if the dispute remains unresolved after the early stages of the dispute resolution procedure
have been attempted.
Best practice dispute resolution outcomes should be:
• quick - the issues should be resolved quickly rather than allowing them to escalate through inaction
• fair - all relevant parties should be consulted so that all sides of the story are taken into account
• handled sensitively - disputes should, where possible and appropriate, be resolved in a confidential
context in order to minimise impact on employees not affected by the dispute
• transparent - the procedure should be made known to every employee.
Dispute resolution procedures should not interfere with the continued operation of the business where
possible. Any dispute resolution clause in an agreement, contract or policy should require that work is to
continue normally during the dispute resolution process subject to any reasonable concerns about health and
safety.
Generally, the FW Act does not authorise employees to stop performing work while a dispute is being
resolved.

10) Expert of specialist services relating to conflict resolution may include what?
Act immediately. Conflicts do not go away. Unresolved conflicts can lie dormant for days, weeks or
months, only to explode on another occasion. Avoiding conflict is one of the main causes of claims being
made against an organisation. Workers that make claims often feel that no one has listened or done anything
to resolve the conflict. They feel they have no choice but to seek the help of professionals. Unresolved
workplace conflicts can quickly impact on workplace climate or culture (in smaller organisations). Whole
teams are quickly affected as conflict spreads and other employees become involved. Productivity,
performance and workplace relationships are impacted quickly when conflict takes hold.
• Meet with people involved in the conflict separately. Get a clear understanding of
the issues before you try to intervene. People often have very different perceptions of what
has occurred. Understanding their perceptions will help you to focus on what is important to
each person, and to find common ground.
• Perception is reality. Focus on what the people involved need and what’s important
to them, not on trying to judge who is right or wrong. Often both people have contributed
something to the situation. Judging who is right and wrong, and particularly commenting on
these judgements, can escalate conflict quickly.
• Decide whether to mediate or to call in others to help. Once you have discussed the
issues with all or both of the people involved, decide whether you will be able to mediate
yourself or you will need the help of HR or external mediators. Managers often successfully
resolve simple disputes involving two people that have only been alive for a few hours,
days or weeks. Generally complex and long-standing issues involving a number of people
are best left for experienced mediators to deal with. These kinds of workplace conflicts are
often sensitive and require high-level skill to bring them to a resolution.
• Arrange the next stage as soon as possible. While it can be difficult to arrange
meetings in busy work places ensure resolving the conflict is a top priority. Generally the
longer the conflict goes on for, the harder it is to resolve.

11) what process might you use to negotiate outcomes strategy and
time frames for conflict resolution?
1. Avoid being provoked into an emotional response.
Negotiators make several “moves” to question each other’s legitimacy and assert their own power, write
Deborah M. Kolb and Judith Williams in their book Everyday Negotiation: Navigating the Hidden Agendas
in Bargaining. This “shadow negotiation,” which takes place under the surface, helps to explain why
discussions of concrete, seemingly rational issues can lead to angry outbursts, hurt feelings, and simmering
conflict (see also, How Emotions Affect Your Negotiating Ability).
Here are a few examples. First, a negotiator may challenge your competence or expertise—for example, by
saying you don’t have the experience to perform a particular task. Second, someone might demean your
ideas in a way that it makes it difficult for you to respond, perhaps by saying, “You can’t be serious!”
Finally, a coworker might criticize your style with a line such as “Stop being so sensitive.”
By challenging, demeaning, and criticizing you, the other party (whether consciously or not) may be
attempting to provoke you into an emotional response that will shift the balance of power in their favor.
How can you defend yourself against such moves without being accused of overreacting? Kolb and Williams
suggest several responses, which they call “turns”:
• Interrupt the move by taking a break, which should give everyone time to gain control of their
emotions, in addition to halting any momentum that is going against you.
• Try naming the move; that is, let your coworker know that you recognize it as a power play. If
someone says, “You can’t be serious!” you might respond, “Actually, I’m quite serious. Instead of
cutting me off, how about if you give me a chance to clarify my plan?”
• Correct the move, substituting the other side’s negative remarks with a more positive interpretation.
If a coworker incorrectly blames you for a decision that went wrong, provide him or your boss with
hard evidence of the facts.
• Divert the move by shifting the focus back to the issue at hand. To the person who criticizes you as
overly sensitive, you could say, “I think it’d be best if we avoid personal judgments and concentrate
on the proposal.”
2. Don’t abandon value-creating strategies.
Negotiators who understand the importance of collaborating with one another to create value nonetheless
often abandon that approach during dispute resolution. Treating disputes as different from other aspects of
dealmaking, they tend to view business dispute resolution as a zero-sum game—one in which only a single
issue (such as money) is at stake. Consequently, they tend to look at the dispute resolution process as a win-
lose battle, to their detriment.
By contrast, you should be able to find the same set of value-creation opportunities in disputes as you do in
deals. For example, try to capitalize on shared interests, or noncompetitive similarities, recommend Harvard
Law School professor Robert C. Bordone and University of Oregon professor Michael L. Moffitt. If both
parties would likely suffer reputational damage if their dispute went public, then they might agree to keep
certain aspects of their dispute resolution process confidential. Reaching agreement on seemingly peripheral
issues can help parties build a foundation of trust and optimism that enables them to collaborate to resolve
the main sources of their conflict.
Disputants may also be able to create value by trading on their differing preferences and priorities (see also,
Integrative Negotiations, Value Creation, and Creativity at the Bargaining Table). Suppose Party A places a
high value on receiving a formal apology from Party B. Party B might be willing to grant the apology in
exchange for a lower settlement payment to Party A. Through such tradeoffs, negotiators can increase the
odds of a peaceful and lasting resolution.
3. Use time to your advantage.
The perceptions we hold about the dispute resolution process may change over time as a result of our
experiences dealing with the conflict and with the other party. For example, a couple that endures a
rancorous divorce might grow more cooperative over time for the sake of their children. Rather than viewing
your dispute as permanently intractable, try to view it as being constantly in flux.
12) what information might you provide in negotiation to obtain an agreement ?
There is no specific format that a contract must follow. Generally it will include some terms, either expressed
or implied, that will form the basis of the agreement. These terms may outline contract conditions or contract
warranties.
Contract conditions are fundamental to the agreement. If the contract conditions are not met it is possible to
terminate the contract and seek compensation or damages.
Contract warranties are less important terms and not fundamental to the agreement. You cannot terminate a
contract if the warranties are not fulfilled, however, you may be able to seek compensation for any losses
incurred.
When negotiating the contract terms make sure the conditions of the contract are clearly defined and agreed
to by all parties.
Contracts may follow a structure that can include, but are not limited to, the following items:
• details of the parties to the contract, including any sub-contracting arrangements
 • duration or period of the contract
• definitions of key terms used within the contract
• a description of the goods and/or services that your business will receive or provide, including key
deliverables
• payment details and dates, including whether interest will be applied to late payments
• key dates and milestones
• required insurance and indemnity provisions
• guarantee provisions, including director’s guarantees
• damages or penalty provisions
• renegotiation or renewal options
• complaints and dispute resolution process
• termination conditions
• special conditions

13) what is the process that could be used for resolution for outcomes?
Clarify what the disagreement is. Clarifying involves getting to the heart of the conflict. The goal of this
step is to get both sides to agree on what the disagreement is. To do this, you need to discuss what needs are
not being met on both sides of the conflict and ensure mutual understanding.
Establish a common goal for both parties. In this step of the process, both sides agree on the desired
outcome of the conflict. “When people know that they’re working towards the same goal, then they’re more
apt to participate truthfully to make sure that they reach that end goal together.
Discuss ways to meet the common goal. This involves listening, communicating, and brainstorming
together. Continue with both sides working together to discuss ways that they can meet the goal they agreed
on in step 2. Keep going until all the options are exhausted.
Determine the barriers to the common goal. In this step of the process, the two parties acknowledge what
has brought them into the conflict and talk about what problems may prevent a resolution.
Agree on the best way to resolve the conflict. Both parties need to come to a conclusion on the best
resolution. Start by identifying solutions that both sides can live with. Ask both sides and see where there is
common ground. Then start to discuss the responsibility each party has in maintaining the solution.
Acknowledge the agreed upon solution and determine the responsibilities each party has in the resolution.

14) Document agreement should be what??

Get it in writing.
Although oral agreements are legal and binding in many situations, they're often difficult to enforce
in court (and in some situations, they aren't enforceable at all). In the business world, most
agreements should be in writing even if the law doesn't require it. A written agreement is less risky
than an oral agreement, because you have a document that clearly spells out each party's rights
and obligations in case of confusion or disagreement.
Keep it simple.
Contrary to what most lawyers think, you don't need a lot of "heretofores" and "party of the first
part" legalese to make a contract enforceable. Instead, create short, clear sentences with simple,
numbered paragraph headings that alert the reader to what's in the paragraph.
Deal with the right person.
Don't waste time negotiating a business agreement with a junior person who has to okay
everything with the boss. If you sense that this is happening, politely but firmly request to be put in
touch with the person in charge. Make sure the person you negotiate with has the authority to bind
the business and has a vested interest in making sure the business performs its obligations under
the agreement. If you're not sure who that is, ask. In a smaller business, it might be one of the
owners; in a larger organization it might be a chief executive officer or chief operating officer.
Identify each party correctly.
You'd be surprised how often businesspeople get this wrong and how important it is. You need to
include the correct legal names of the parties to the contract so it's clear who is responsible for
performing the obligations under the agreement (and who you have legal rights against if things go
wrong). For instance, if a business is organized as an LLC or a corporation, identify it by its correct
legal name --including the Inc. or LLC suffix -- not by the names of the people who are signing the
agreement for the business.
Spell out all of the details.
The body of the agreement should spell out the rights and obligations of each party in detail. Don't
leave anything out; if you discuss something verbally and shake on it but it's not in the contract, it
will be next to impossible to enforce. In the world of contract law, judges (with a few exceptions)
may only interpret a contract from its "four corners," not from what the parties said to each other. If
you forget to include something, you can always create a short written amendment. Or, if you
haven't signed the agreement, you can handwrite the change into the contract. If parties initial the
change, it becomes part of the contract.
Specify payment obligations.
Specify who pays whom, when the payments must be made, and the conditions for making
payments. As you might guess, money is often a contentious issue, so this part should be very
detailed. If you're going to pay in installments or only when work is completed to your satisfaction,
say so and list dates, times, and requirements. Consider including the method of payment as well.
While some people might be okay with a business check or business charge card, others might
want a cashier's check or even cash.
Agree on circumstances that terminate the contract.
It makes sense to set out the circumstances under which the parties can terminate the contract.
For instance, if one party misses too many important deadlines, the other party should have the
right to terminate the contract without being on the hook legally for breaching (violating) the
agreement.
Agree on a way to resolve disputes.
Write into your agreement what you and the other party will do if something goes wrong. You can
decide that you will handle your dispute through arbitration or mediation instead of going to court,
which takes up a lot of time and money.
Pick a state law to govern the contract.
If you and the other party are located in different states, you should choose only one of your state's
laws to apply to the contract to avoid sticky legal wrangling later. In addition, you may want to
specify where you will mediate, arbitrate, or bring legal actions under the contract. This will simplify
your life if a dispute does crop up.
Keep it confidential.
Often, when one business hires another to perform a service, the other business will become privy
to sensitive business information. Your agreement should contain mutual promises that each party
will keep strictly confidential any business information it learns of while performing the contract.

15) what types of actions can you take if groups or individuals do not
abide by he agreement ??
Employees and employers can only take protected industrial action when they are negotiating on a proposed
enterprise agreement and that agreement is not a greenfields agreement or a multi-enterprise agreement.
The main importance of industrial action being protected is that it gives immunity from civil liability under
State or Territory law (unless that action is likely to involve personal injury or damage, destruction or taking
of property).
Industrial action is only protected if:
• it is action taken by employees (or their bargaining representatives) to support claims in relation to
an enterprise agreement (employee claim action) or
• it is action taken by employers or employees in response to industrial action taken by the other party
(employer or employee response action) and
• the action meets the common and additional requirements for protection, which include:
• not taking action before the nominal expiry date of an industrial agreement (including those
workplace agreements made under the previous Workplace Relations Act 1996 eg. collective
agreements, Australian Workplace Agreement (AWAs) and Individual Transitional
Employment Agreement (ITEAs))
• parties genuinely trying to reach agreement
• observing the notice requirements set out below
• complying with any relevant orders or declarations
• not taking action in relation to a demarcation dispute (employee claim or response action)
• not taking action in relation to unlawful terms or as part of pattern bargaining (for employee
claim action only)
• authorisation by secret ballot (for employee claim action only).
An employer, employee, employee organisation (such as a trade union), or official of an employee
organisation that organises or engages in industrial action before the nominal expiry date of an industrial
agreement as set out above may be subject to penalties of up to $12,600 for an individual and $63,000 for a
corporation.
The FW Act identifies the following as bargaining representatives in making an enterprise agreement:
• an employer that will be covered by the agreement
• a trade union who has a member that would be covered by the agreement (unless the member has
specified in writing that he or she does not wish to be represented by the trade union, or has appointed
someone else)
• a trade union that has applied to the Fair Work Commission (FWC) for a low paid authorisation that
relates to the agreement
• a person specified in writing as their bargaining representative by either an employer or employee
who would be covered by the agreement.
For employees, the default bargaining representative is a trade union. However, employees can generally
appoint whoever they wish as their bargaining representative, including themselves.