Enterprise Agreements for Employers

At Peters Bosel Lawyers we have extensive experience advising on and drafting enterprise agreements in industries.

Enterprise Agreements for Employers

At Peters Bosel Lawyers we have extensive experience advising on and drafting enterprise agreements in industries.

How to Negotiate the Best Enterprise Agreement for your Business

Enterprise agreements are a common and accepted feature of the modern workplace, making it crucial that they are negotiated, agreed upon and registered in the correct manner from the outset.

A well-constructed enterprise agreement can help your organisation navigate the challenges created by cumbersome and onerous award provisions and ensure certainty across all parts of your particular enterprise.

Enterprise agreements detail the specific conditions to apply at one workplace, unlike awards which usually set out the minimum conditions across the entire industry or an occupation. An industry award does not apply when a particular workplace has a registered enterprise agreement, though it should be noted that the base pay rates in an enterprise agreement cannot be less than the base pay rates prescribed in a modern award.

At Peters Bosel Lawyers we have extensive experience advising on and drafting enterprise agreements in industries ranging from banking and finance to manufacturing, tourism, and aviation.

We have advised companies through all stages of the enterprise bargaining process, from the commencement of negotiations through to drafting agreements and, ultimately, approval by the Fair Work Commission. This includes guidance on the implementation of enterprise agreements and flexible terms of engagement, as well as the most effective way to negotiate with unions and employee representatives.

The basics of the Act

Enterprise agreements are governed by rules and obligations set out in the Fair Work Act 2009, including bargaining, the content of the agreement, and how it is to be made and approved.

Peters Bosel Lawyers can help you navigate the complex requirements of the Fair Work Act and Regulations in this regard.

Recent experience of our clients and many other employers in Australia is that the Fair Work Commission is taking a very rigorous, analytical approach to all aspects of the enterprise bargaining process.  Many employers are experiencing delay due to their failure to strictly follow the legislative guidelines or indeed failing to satisfy the “better off overall test” (BOOT).

Things to note

The Fair Work Commission provides strict guidelines to take into account when making an enterprise agreement, all of which Peters Bosel Lawyers can assist you with.

These include important milestones and documentation such as complying with the statutory timeframes for making an agreement; providing Notice of Employee Representational Rights (“NERR”) with relevant information about when employees were given the NERR, the details and timing of voting on the agreement, and details of any terms more or less beneficial than the relevant award(s) that would apply to employees.

Other concerns in creating an agreement include ensuring redundancy and notice of termination entitlements provide at least the same entitlements as the National Employment Standards (NES), and that if the agreement relies on provisions from an award, it’s made clear that the agreement incorporates either those provisions or replaces the entire award.

Let us help you

In the end, the key benefit of an enterprise agreement is that it is a bespoke solution to the needs of your business, and can be tailored to meet the specific needs and requirements of the industry in which you operate.

Negotiating an agreement in line with statutory requirements while running the day-to-day operations of the business can be challenging and time-consuming, which is why Peters Bosel Lawyers offer you a comprehensive and experienced service to assist you to negotiate and draft the best enterprise agreement for your company, acceptable under the requirements of the Fair Work Commission.

Where employers have failed to satisfy the Fair Work Commission’s requirements when pursuing enterprise bargaining without assistance, we are able to offer remedial solutions including representations to the Fair Work Commission with appropriate re-drafting of clauses and undertakings.

Contact us today to discuss enterprise agreements.

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