An enterprise agreement is an agreement between an employer/s and employees that governs the employees employment conditions An enterprise agreement is negotiated by the parties to the agreement, through collective bargaining in good faith, which primarily occurs at the company level. In essence, an enterprise agreement is like an employment contract that applies to all of the employees at a particular workplace. Enterprise agreements have a maximum nominal expiry period of 4 years.
An enterprise agreement can have terms that are ancillary or supplementary to the National Employment Standards but they cannot dilute or alter the National Employment Standards. An enterprise agreement can alter the terms of a Modern Award, provided that the employees are better off overall as compared to the Modern Award.
There are several rules in relation to enterprise agreements, such that there are certain terms that must be included in an enterprise agreement and certain terms that must not be included in the enterprise agreement.
An enterprise agreement must be approved by the Fair Work Commission (FWC) before it will come into operation.
Our clients say that CTI Lawyers has the expertise and know how to help them in all facets surrounding enterprise agreements. We can provide you with advice in relation to your rights under an enterprise agreement, or in the making and registering of an enterprise agreement with the Fair Work Commission. At the of 2019, CTI Lawyers was involved in a complex argument regarding an enterprise agreement for one of our clients. The enterprise agreement was listed for hearing before the Fair Work Commission, and was strongly opposed by an employee organisation (i.e. union). CTI Lawyers successfully argued that the enterprise agreement should be approved.