Enterprise Agreements

We advise on enterprise agreement negotiations, interpretation, strategy and drafting for employers including:

 
  • Commercial builders.
  • Industry Associations in QLD, SA, VIC, NSW, and WA.
  • Employers with enterprise agreement variations.
  • Commercial contractors with enterprise agreements in regional Queensland, Melbourne, Sydney and Perth.
  • Remote service station/roadhouse and hospitality business.
  • Enterprise agreement interpretation.

What is an enterprise agreement?

 

Enterprise agreements exist between one or more national system employers and their employees, as specified in the agreement. They are negotiated by the relevant parties through collective bargaining in good faith, primarily at the enterprise level. Under the Fair Work Act 2009, an enterprise can mean any kind of business, activity, project or undertaking.

In accordance with the Fair Work Act s58(1), only one enterprise agreement can apply to an employee at a particular time. The later of the agreements does not apply until the earlier agreement passes its nominal expiry date.

The Fair Work Act 2009 allows parties to enter into enterprise agreements not exceeding four years, however, the agreement remains enforceable and continues to apply beyond its nominal expiry date until an application is made to the FWC for a new agreement of termination of the old agreement. The enterprise agreement must then be approved by the FWC before it will be eligible to commence operation.

Care must be taken when transferring employees from one entity to a new entity, or from one employer to a new employer, or purchasing a business, as enterprise agreements may transfer. Additional specific advice should be sought.

Agreements must be read in conjunction with the National Employment Standards (NES) and the Fair Work Act (FWA) and may provide procedures for such entitlements but cannot provide less favourable outcomes.

An enterprise agreement is an agreement about permitted matters which are:

  • Terms about the relationship between each employer and the employees covered by the agreement
  • Terms about the relationship between each employer and any employee organisations (e.g. a trade union) that will be covered by the agreement
  • Deductions from wages for any purpose authorized by an employee covered by the agreement
  • How the agreement will operate.

For questions about Agreements or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 1300 WAL LAW, 0417 622 178 or via email to dean.cameron@workforceadvisory.com.au

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.

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