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Archive for the ‘Collective Agreement’ Category

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3 Reasons Why You Should Make An Enterprise Agreement

You have probably seen it splashed all over the news lately… the Fair Work Act has introduced a new scheme for making enterprise agreements.

And at first, this new agreement-making process doesn’t seem to have much going for it.

For starters, you have to inform your employees immediately of their right to be represented by a union during the agreement making process. This seemingly leaves you with no way to make a non-union agreement, and certainly no way to make individual agreements like AWAs.

But despite this, there are some upsides to the new agreement-making process.

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By Charles Power posted September 8th 2009

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Terms You Can and Cannot Include in an Enterprise Agreement

In this week’s Workplace Bulletin:

  • Find out which terms you can and cannot include in an enterprise agreement!
  • Quick Tip of the Week: Which of your employees will be legally allowed to request flexible work arrangements?
  • Workplace Helpdesk Q and A: Paid parental leave
  • Workplace Wackies: An unusual interview experience

Dear Reader,

Last week, the Bulletin showed you a 5 step process for making an enterprise agreement under the new Fair Work Act.

However, there are also certain rules about which terms can and cannot be included in an enterprise agreement.

Today, you will find out exactly what they are…

Enterprise agreements must contain:

  • a nominal expiry date (this date must not be more than 4 years after the day on which Fair Work Australia approves the agreement);
  • a dispute resolution term;
  • a flexibility term (that enables individual employees to enter into flexibility arrangements); and
  • a consultation term ensuring employers will consult with employees about major workplace changes.

Enterprise agreements cannot contain any content that:

  • is discriminatory;
  • is objectionable;
  • excludes or modifies the application of the unfair dismissal provisions in the Fair Work Act;
  • sets out right of entry provisions that are inconsistent with the law; and
  • authorises industrial action prior to the nominal expiry date of the agreement.

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By Claire Berry posted July 28th 2009

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A 5 Step Guide to Making an Enterprise Agreement

In this week’s Workplace Bulletin:

  • A 5 step guide to making an enterprise agreement under the Fair Work Act
  • Quick Tip of the Week: Terms that can and cannot be included in an enterprise agreement
  • Workplace Helpdesk Q and A: Entitlements for fixed-term employees

Dear Reader,

Agreement making has changed significantly under the Fair Work Act. In light of this, today’s Bulletin will show you how to make a legally compliant enterprise agreement in 5 easy steps.

Step 1: Notify employees of their rights

You must notify all employees who will be covered by an enterprise agreement of their right to be represented by a bargaining representative during negotiations.
This notification must occur no later than 14 days after an employer agrees to bargain OR after Fair Work Australia (FWA) makes a majority support determination. (A majority support determination is a ruling that FWA can make when a majority of employees who will be covered by a proposed agreement want to bargain about it).


Step 2: Negotiate the terms of the agreement
When the terms of an enterprise agreement are being negotiated, the parties involved must bargain in ‘good faith’.
Bargaining in ‘good faith’ means that you must attend and participate in all meetings (provided they are at reasonable times) and genuinely consider all proposals made by your employees or their representatives.
Remember: Even though you must bargain in good faith during the agreement making process, you and the other parties do not have to reach an agreement during bargaining.

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By Claire Berry posted July 21st 2009

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FW Act Checklist of Key Provisions

In this week’s Workplace Bulletin:

  • A checklist of the key provisions of the Fair Work Act you must be aware of!
  • Quick Tip of the Week: Book your free 15 minute legal consultation with Charles Power!
  • Workplace Helpdesk Q and A: Employee ‘breaks’
  • Workplace Wackies: Lost in Translation

Dear Reader,

It’s not long now until the new Fair Work Act (FW Act) commences operation on 1 July, 2009. In fact, it is less than a month away!

In order to ensure that your business is fully prepared, this weeks Bulletin offers you a final checklist of the key provisions of the FW Act you MUST be aware of.

  • On 1 July 2009 the FW Act will replace the Workplace Relations Act (WR Act).
  • Don’t forget, in many situations the old WR Act provisions will continue to apply! For example, unfair dismissal provisions in the WR Act will continue to apply in relation to a dismissal that occurred before 1 July 2009.
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By Claire Berry posted June 9th 2009

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The 9 New Rules for Enterprise Bargaining

In this week’s Workplace Bulletin:

  • Find out 9 new rules for enterprise bargaining
  • Quick Tip of the Week: Who can enter your workplace?
  • Workplace Helpdesk Q and A: Entitlements for employees working overtime
  • Workplace Wackies: Clueless Customers

Dear Reader,

On 1 July 2009, the Fair Work Act will introduce new rules for enterprise bargaining. To ensure that you stay on top of these changes, this week’s Bulletin shows you how the enterprise bargaining process will be different from 1 July 2009 onwards.
There are 9 key differences between the enterprise bargaining rules that currently apply and the impending new rules.

These differences are:

  1. There will be no distinction between union and non-union enterprise agreements. However, unions involved in making an enterprise agreement can become covered by the agreement which will give them the rights to enforce the agreement.
  2. Enterprise agreements will be able to deal with more matters and will have a maximum term of 4 years rather than 5 years.
  3. Employers will be able to make ‘individual flexibility arrangements’ with individual employees covered by an enterprise agreement. This will mean that the provisions of an enterprise agreement can be applied differently to individual employees.
  4. Enterprise agreements will now oblige employers to consult with employees about major workplace changes that are likely to have a significant effect on the workforce.
  5. Fair Work Australia will have a greater role than the Workplace Authority in checking that enterprise agreements meet certain standards.
  6. An employer who wishes to make an enterprise agreement with employees will have to first advise them about their right to be represented in the bargaining process.
  7. If employers employ union members, they will have to bargain with that union unless those employees appoint another representative.
  8. If unions or employers are not bargaining in good faith, Fair Work Australia can order them to do so.
  9. If a majority of employees at a workplace want to make an enterprise agreement, Fair Work Australia will have the power to order the employer to sit down and bargain with the employees.

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By Claire Berry posted May 19th 2009

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Your Employees Will Soon Have the Legal Right to Request Flexible Work Practices!

In this week’s Workplace Bulletin:

  • Your employees will soon have the legal right to request flexible work practices!
  • Quick Tip of the Week: Flexible work arrangements can have a positive effect on your workplace!
  • Workplace Helpdesk Q and A: Informing employees of changes to their employment conditions

Dear Reader,

As you may or may not know, when the National Employment Standards (NES) come into effect on 1 January 2010, some employees will have a legal right to request flexible working arrangements.

Which employees will be able to make flexible work requests?

The employees that will have a legislated entitlement to request a change in their working arrangements under the NES are:

  • Employees who are parents or guardians of a child under school age
  • Employees who are parents or guardians of a disabled child up to 18 years of age

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By Claire Berry posted April 15th 2009

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6 Reasons Why You Must Keep Your Letters of Appointment Current

In this week’s Workplace Bulletin you will discover:

  • 6 reasons why you must keep your letters of appointment current
  • Workplace helpdesk – What you can legally ask about medical certificates

Dear Reader

It is good practice to issue a written contract or letter of appointment to a new employee when they are first employed. However, as time goes by this letter may no longer reflect the conditions of employment because the employee has moved into different roles in your organisation. As an employer, you should ensure that you update documentation every time your employee’s employment conditions change.

One way to protect your organisation is to ensure the original contract or appointment letter provides that its terms still apply despite subsequent changes to employee duties, pay or job title. However if the role change is significant you should review whether terms ought to be added or changed, such as provisions protecting confidential information or restraining competitive behaviour after the employee leaves.

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By Suzanne Barry posted April 17th 2008

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When Collective Bargaining is in Your Best Interests

Some employers have their doubts about collective bargaining. However, in certain circumstances it could be a helpful tool for your business. In this issue of the ‘Workplace Bulletin’ we investigate what Collective Bargaining is, who uses it and why there may be more to collective agreements than you think.The basics of collective bargaining

Collective bargaining is the process whereby workers organise themselves collectively to bargain with employers regarding their workplace conditions such as wages and other entitlements.

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By Claire Berry posted November 19th 2007

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