An Enterprise Agreement is a legally binding agreement that is negotiated between an employer and its employees. An Enterprise Agreement can replace an award or awards entirely thereby representing an agreement that has been made to suit a particular enterprise and the unique characteristics of that enterprise.
The following types of Enterprise Agreements can be made now:
- Single-enterprise Agreements
- Multi-enterprise Agreements
- Greenfields Agreement)
Notably, at the end of 2022, significant amendments were made to the enterprise bargaining framework in the Fair Work Act 2009 (‘the Act’). Perhaps the biggest impact of these amendments was the expansion of multi-employer provisions across the following three streams:
- Single interest employer authorisation stream
- Supported bargaining stream
- Cooperative workplace stream
The collective effect of these amendments shifts the focus towards industry level bargaining and expands the ability for employees or unions to unilaterally compel their employer to bargain and become subject to agreements after approval by the Fair Work Commission (‘the Commission’). These amendment will take effect in June 2023.
In addition to the above amendments, any agreement that commenced prior to 1 July 2009 or during 1 July 2009 to 31 December 2009 are now considered a ‘zombie agreement’. Under the Act, zombie agreements will automatically expire on 7 December 2023.
Let the QHA Assist you!
The Employment Relations Department are developing resources to assist members navigate these changes and can provide advice on these matters as part of the QHA membership. If you would like detailed advice and expert assistance on the above, whether that be negotiating a new enterprise agreement or you are a party to a single interest employer authorisation or terminating an agreement, one of QHA’s Employment Relations experts can assist you for the nominal hourly fee of $250.00 plus GST per hour.