Enterprise bargaining agreement process

What is enterprise bargaining? Giving “notice of employee representational rights” to employees Within days of the notification time, an employer. Employers, unions and other bargaining representatives must comply with good faith bargaining requirements in relation to a proposed enterprise agreement. Bargaining representatives must disclose any financial benefit they will receive under the agreement , other than in the ordinary course of business.

There are three types of enterprise agreements : single-enterprise agreements , multi-enterprise agreements and greenfield agreements.

An Enterprise Agreement is an agreement negotiated and entered into between one or more employers and a group of employees that sets out the terms and conditions of employment. It allows your business to step out of traditional award coverage and introduce employment conditions that better suit the needs of your business and workers. Want to learn more?

Improve your vocabulary with English Vocabulary in Use from Cambridge. You may begin the bargaining process by drafting the terms of the Agreement or by appointing a representative (such as an Industrial Officer) to assist. Whilst the process of negotiating an enterprise agreement is relatively easy, there are certain things that need to be done, and in the right order, otherwise you may have some explaining to do when you seek approval from the Fair Work Commission.

The following are the good faith bargaining requirements that a bargaining representative for a proposed enterprise agreement must meet: attending, and participating in, meetings at reasonable times disclosing relevant information (other than confidential or commercially sensitive information) in a. Notice Of Employee Representational Rights.

See our Good faith bargaining and protected industrial action article for further information. The ultimate aim of these negotiations is to establish an enterprise agreement. The legislation outlines the legal requirements of parties negotiating a bargaining agreement.

The duration of Enterprise Agreements varies from between one to four years. The first stage in any enterprise agreement is the bargaining process. Representatives of the company and the employees will meet and discuss the scope and terms of the potential agreement.

At the end of this stage, a proposed agreement should be ready for the FWC approval process. Having a communication strategy for each step in the process , from the initiation of the enterprise bargaining process through to the approval of the agreement , can help an employer communicate more effectively with employees and avoid any legal or practical hurdles. Enterprise Agreements are costly Agreements impose significant costs on organisations because the bargaining process is overly-technical, and because having an Agreement carries the hidden cost of robbing employers of their Award-enshrined rights to withhold pay from employees who do not give the required notice when they resign. Stage in bargaining process Employer initiates or agrees to bargain for a proposed enterprise agreement Employer issues employees with a notice of employee representational rights Employees may appoint bargaining representatives Agreement making process Good faith bargaining Representatives bargain.

There are very detailed processes for bargaining and approval of Enterprise Agreements in the Fair Work Act and the Fair Work Regulations. Get the form right, get the scope right and ensure you have complied with the requirements of the Act. Before the bargaining phase commences it is crucial to outline your objectives, and employment lawyers with experience of drafting enterprise agreements every day have the capacity to frame the agreement directly towards your goals, while being confident with what can and will be approved by the Fair Work Commission.

All employers need expert, highly experienced assistance in this areas – please call Katrina Murphy to discuss your situation and your requirements. Develop, communicate and get agreement on an overall intent and rationale for the process (e.g. continuity, improving productivity, fairness, etc). Use this to re-focus negotiations whenever discussions start to veer off the topic.

Look for early wins, rather than tackling the difficult issues first-up.

Enterprise bargaining is a complex process which most HR managers may only do once or twice or sometimes not at all in their careers. More often than not, an EBA is a result of Trade Union pressure to formalise the relationship between an employer and the employees, ensuring that the terms and conditions are the same for everyone. Enterprise Bargaining Agreements are the one of the staple instruments for defining the terms and conditions of many workplaces across Australia. The following are the requirements that a bargaining representative for a proposed enterprise agreement must meet to be considered as bargaining in good faith: Attending, and participating in, meetings Disclosing relevant information (other than confidential or commercially sensitive information) in. Preparing to Bargain represents the first part of the guide.

Later sections deal with the bargaining process , post- bargaining considerations and some of the risks associated with bargaining.