在这种情况下，谈判代表的作用变得重要。他们是每一方在谈判过程中指定代表人民的人或组织。谈判代表是雇主在协议中所涉及的人。他们可以是工会成员，也可以是有权代表工会利益的人。谈判代表可以是被雇主保留的人，也可以是协议中涉及的员工(Creighton and Forsyth, 2012)。2009年《公平劳动法》最重要的方面是双方都应该践行的诚信努力。它必须对参与这一进程的所有各方都是公平和明确的。双方都必须有意履行强制性义务。不应该用含糊不清的条款来迷惑其他成员。协议的条款必须清楚。一旦规定了条款，协议双方的成员都有7天的时间来理解合同条款。他们被允许就协议的条款进行投票。这将确保它们符合强制性要求。此外，一旦协议是根据法律授权起草的，就需要得到公平劳动法案委员会的批准。一旦委员会批准了合同协议的条款，这些条款就成为法律的一部分，可以强制执行。如有争议，《公平劳动法》委员会将在与协议双方代表详细讨论后作出决定。将拟订条款并进行详细讨论。为了达成协议，双方将得到补贴。在当事各方无法达成协商一致意见的情况下，《公平劳动法》委员会将承担调解员的任务，这些任务将得到执行。条款的法律要求将在协议中强制执行。这是主观的，取决于取决于情况的不同因素。因此，公平工作法委员会将作出合理努力，使所有重要方面达成协商一致意见。这些是用于实现企业协议的总体过程。这项协议最重要的方面是合法性。必须假定在这种情况下必须执行的某些法律任务。当事各方必须确保遵守这些法律授权。在下一节中对它们进行了探讨。
In this case, the role of the bargaining representative becomes important. They are the person or the organization that each party would appoint to represent the people in the bargaining process. The bargaining representative is the person that the employers would cover in their agreement. They could be a trade union member or a person entitled to represent the interest of the trade unions. The bargaining representative could be the person that was retained by the employer or the employee to be covered in the agreement (Creighton and Forsyth, 2012). The most important aspect of the Fair Work Act of 2009 is good faith efforts which should be practiced by both the sides. It must be fair and clear to all the parties who are involved in the process. Both the parties must intend to meet the mandatory obligations. It should not be ambiguous clause in place to confound the other members. There must be clarity in the terms of the agreement. Once the terms are dictated, the members of both the agreement terms are given a period of 7 days to understand the contractual terms. They are allowed to vote on the terms of the agreement. This would ensure that they meet the mandatory requirement. Added to this, once the agreement is drawn in accordance with the legal mandates, they need to be approved by the Fair Work Act commission. Once the commission approved the terms of the contractual agreement, they become a part of the law that would be enforceable. In cases of disputes, the Fair Work Act commission would make determination after detailed discussion with the representative from both the ends of the agreement. Clauses would be drawn and detailed discussions would be made. Allowances will be made to the parties to come to an agreement. In cases where the parties are unable to come to a consensus, Fair Work Act commission will undertake the role of the mediator mandates that would be enforced. The legal requirements of the terms will be enforced in the agreement. This is subjective based on the different factors that are dependent on the situation. Owing to this, there will be reasonable efforts taken by the Fair Work Act commission to bring to a consensus all the important aspects. These are the overall process that is used to bring the enterprise agreement to fruition. The most important aspect of this agreement is the legalities. It is imperative to assume that certain legal mandates which must be enforced in this case. It is imperative for the parties to ensure that these legal mandates are adhered. They have been explored in the following section.