Enterprise Bargaining Agreements
Note: Industrial Law is a highly politicised issue in Australia, and Governments frequently make changes to industrial law. For this reason, it is useful to check the latest rules before making decisions about employment conditions.Organisation-level agreements made between staff, unions and management are called enterprise bargaining agreements (EBAs), or certified agreements (CAs).
An organisation may decide to negotiate an EBA with its staff. This might be, for example, to provide better wages and conditions for their staff, or to change some work practices restricted by the Award to make your organisation more productive, attractive or flexible. Offering employees wages or conditions that are improvements on the Award may provide staff with a better work environment, helping to retain them and attracting better-skilled workers to fill vacancies.
Agreements do not have to be big, wordy, complex documents. An agreement can retain many of the elements of the existing Award, and simply state any above-Award conditions. Writing an agreement in clear and simple English will help avoid disputes and ensure everyone is aware of their responsibilities and entitlements.
You can negotiate an enterprise bargaining agreement with or without the relevant trade union. Union involvement may assist the process as they have experience and skills in negotiating many previous agreements and may bring those ideas and experience to your organisation. You may also make an agreement without union involvement, by negotiating directly with staff. Be aware, however, that staff members have an entitlement to involve the union if they wish.
The process of creating a bargain is set out in law under the Workplace Relations Act. It can often be a complex and lengthy process, due to the time taken to consult with all staff members affected by proposed changes, and to undertake a vote to confirm the agreement of staff. There are also a range of required conditions as well as prohibited content. It can be useful to consult a lawyer before registering your agreement.
