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Agreement Making Process

The processing time for the agreement is three to four weeks. Accelerated processing is possible with a processing time of one to two weeks. All processing times depend on the complexity of the agreement The Fair Work Commission will check the company`s agreements to verify illegal content. The Fair Work Commission cannot approve a company agreement containing illegal content. The most difficult and generally the longest substage in the formulation of a new instrument is that necessary for the negotiation of its terms and text. This part of the process is the most political, as it involves the transmission of the various interests concerned: those who favour a strong instrument and a weak instrument; those who prefer a broad and those who prefer a narrow approach: those who prefer different approaches, based on different scientific perceptions or legal habits; and, in particular, those who might wish to obtain funds under the proposed new regime and those who might need to provide funds to make such regulation feasible and acceptable. Where modern awards offer basic employment standards for entire industries or trades, company agreements are tailor-made agreements that meet the needs of a given company. These collective agreements are concluded between employers and workers and generally concern working and employment conditions for all. Company agreements may be concluded between one or more employers and two or more workers with the representatives they have elected. They generally deal with a wide range of issues, including terms and conditions of employment, rates of pay and dispute resolution procedures. These agreements must not contain illegal content, such as discriminatory or indiscriminate conditions.

Note that under international law, both types of agreements are considered binding. The need for such negotiations characterizes, of course, the entire legislative process – in fact, this is one of the reasons why this term is appropriate, since the negotiations necessary for the drafting of international laws may be different, to the extent, but not in other respects, from those necessary for national or even local legislation. Often, negotiations begin before the treaty formulation process is formally launched, allowing the initiator to consult with leading states before ever submitting a proposal. The question of whether the procedure should be initiated may also include preliminary rulings on content and form, which may be reflected in the provisions of the IGO resolution authorising the start of the process10, as well as in the choice or composition of the ad hoc bodies (experts or representatives) responsible for implementing or supporting the formulation process. Although negotiations culminate in principle in the decision to adopt the proposed instrument, they can continue in practice (as is the case with the Convention on the Law of the Sea and, in particular, the Protection of the Ozone Layer11) even after its adoption. The gradual decline in votes in international bodies is not at all a fortuitous phenomenon. . . .