Good faith bargaining.
Under Labor's laws, employers cannot refuse to bargain as they could under the Howard government's WorkChoices legislation.
What's more they must bargain in "good faith" - as must employee bargaining representatives, including unions.
The "good faith" rules do not, however, require negotiators to reach agreement.
If no agreement can be reached both employees and employers may consider protected industrial action. Arbitration by Fair Work Australia (FWA) of the issues under dispute is generally not available unless the stalemate has reached a crisis point as occurred with the recent Qantas dispute.
Many commentators on both the employer and union side of the debate regard this as a major problem with the Fair Work Act.
Voting on the EA.
All employees who will be covered by the new EA will be able to vote on any proposal for an agreement.