This advice is general only. Members must get specific advice in relation to any claim.
WHAT IS AN ENTERPRISE AGREEMENT?
What is an Enterprise Agreement(EA),or Enterprise Bargaining Agreement (EBA)?
Enterprise agreements are agreements made at an enterprise level between employers and employees and their union, about terms and conditions of employment.
They can also be made by more than one employer, with a group of employees.
Why have an enterprise agreement?
Although Awards cover minimum pay and conditions for an industry, enterprise agreements can cover specific arrangements for a particular enterprise.
Normally, everything that is in an Award is also a minimum standard in an EBA. EBAs are never allowed to offer less than is contained in the base standards provided by the National Employment Standards.
What do Enterprise Bargaining Agreements cover?
Enterprise agreements can include a broad range of matters such as:
They cannot, however, include anythig unlawful (such as discriminatory or objectionable terms).
Does an Enterprise Agreement replace an Award?
Yes. When an Enterprise Agreement is in operation, the modern award that covers that employment no longer applies.
However the pay rate in the enterprise agreement cannot be less than the pay rate in the modern award.
Any outworker terms in the relevant award also continue to apply.
Can I reach my own individual agreement?
No. You can no longer make new individual agreements. This is designed to protect people from being played off against one another.
How do you get an Enterprise Agreement?
Enterprise Agreements are negotiated between your union and your employer. Your union represents your interests if you're a member.
The process of reaching an Agreement can take many weeks or months of discussion and a great deal of industrial knowledge and expertise in negotiations to work through issues of importance to each side.
How do I get a say in what the union negotiates for me?
To have your say in what is negotiated on your behalf, you need to become a member of your union.
Union members effectively pay for all employees to be represented in negotiations with your employer, so the more members of a workforce who are financial members, the more resources your union has to negotiate on your behalf.
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