Since the passage of the Fair Work Act, parties to Australian federal collective agreements have submitted their contracts to Fair Work Australia for approval. Before approving an enterprise agreement, a member of the tribunal must be satisfied that workers employed under the agreement are “better out of the general state” than if they were employed under the modern arbitration award. Depending on the state or territory in which you work and how you are employed (. B for example, as a casual employee, full-time employee or contractor), you are subject to either national labour relations laws or labour relations in your state or territory. All labour relations systems in Australia provide for the establishment of enterprise agreements. They are also often referred to as industrial agreements. Under the national industrial relations scheme, there are two categories of agreements: the Greenfields agreement is an enterprise agreement for a new employer or employer business before the employees are employed. This can be either an individual enterprise agreement or an agreement with several companies. The parties to a Greenfields agreement are the employer (or employer in a Greenfields agreement with several companies) and one or more workers` organizations involved (usually a union). Once the negotiations are over and a draft enterprise agreement is completed, it must be voted on by the workers covered by the agreement. What is an enterprise agreement (sometimes called EBA)? An enterprise agreement (“EA”) is a legislated agreement between an employer and a group of workers that, in its in progress, replaces an applicable industrial premium. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement.
From that date, an employee`s terms and conditions are deducted from the enterprise agreement. Unlike bonuses that provide similar standards for all workers in the industry as a whole covered by a specific premium, collective agreements generally apply only to employees for an employer. However, a short-term cooperation agreement (for example. B on a construction site) occasionally results in an agreement with several employers/workers. Under Section 172 of the Fair Work Act 2009, an enterprise agreement may contain only “authorized issues,” including wage deductions, issues related to the relationship between employers and workers` organizations and the operation of the agreement. If a modern bonus and an enterprise agreement apply to an employee`s employment, the enterprise agreement will repeal the provisions of the bonus. “We don`t want to pay premiums, can we not just have an enterprise agreement?” Well, no, it`s not that simple. A final point in the treaties is that it may be desirable for certain issues to be dealt with in employer policy rather than in a formal contract.