Negotiating An Enterprise Agreement - Enterprise Bargaining
Enterprise bargaining is a valuable business tool which can encourage a culture of change, flexibility and continuous improvement throughout the workplace. It is a formal process put in place by the Fair Work Ombudsman which lets dialogue around the terms and conditions of employment in businesses.
When looking at ways to increase productivity, enterprise negotiating is a good place to start; increased productivity can provide higher profits to employers and lower priced goods and services to the public, higher wages to workers or more secure and satisfying work.
The practice is particularly hrwordgenius effective as both employees and employers are considered equal collaborators throughout the negotiation process which absolutely facilitates the discussion of changes to how work is performed within the enterprise agreements. The final outcome is the creation of an EnterpriseAgreement( EA ).
Employers and employees who negotiate an EA are ultimately working together in good faith towards reaching a common goal - long-run workplace productivity. EAs mutually benefit both parties by allowing the employee to enjoy more flexible employment terms and conditions and the employer to experience more efficient and productive workplace plights. Neither party is obligated to make an agreement if they are not in favour of it; both parties may were to accept agree and if an agreement fails to be reached then the original sequences may be left in place.
What are Good Faith Bargaining Rules ?
Each employer and employee involved in negotiations will be covered by the appropriate union or supervisor organisation, the good faith bargaining powers under the Fair Work Act include :P TAGEND
* Disclosing relevant information
* Greeting to proposals made by other agreement representatives in a timely manner
* Genuinely and moderately considering the suggestions made and yielding reasonablenes for all responses
When bargaining in good faith is not fairly practiced and the specific requirements mentioned above are not met, either party may apply for a' bargaining say' which is provided by Fair Work Australia. Before this appears a tone on paper must be taken forward in order to give the party a chance to respond appropriately and reconsider the way they are approaching trade negotiations. The propose of the bargaining order is to ensure that fairness is being practiced and it will set out the steps that are necessary for the enterprise bargaining process to reach a common agreement.
What is the Outcome of an EA?
The results from an enterprise bargaining agreement can include :P TAGEND
* Flexible hours and rosters
* Broader job classifications
* New training and career opportunities
* Profit sharing or other forms of performance related pay
* Agreements to achieve efficiency gains such as brand-new production targets or a reduction in wastage
* Improved service delivery to achieve greater client satisfaction
Enterprise bargaining facilitates promote several HR initiatives such as family-friendly plans, child care equipment, job sharing, vocation terminates, improved hire grievances procedures or consulting on workplace issues.
What are the Legalities ?
An EA has the equivalent law patrol to an awarding and once the EA is certified it will take precedence over an accolade. Once an enterprise bargaining agreement has been set in place, industrial action cannot go take until after the agreement's expiry date. EAs tend to have a nominal expression of up to three years however can continue to take effect if the parties involved in the agreement wish for this to happen or until a brand-new EA is introduced.
* Stability : Workplace agreements give you stability by allowing you to bed down the workplace requirements and payments for your employees for up to 4 years.
* Simplicity : You can supersede blankets of conformity and multiple accolades, including brand-new Modern Awards, with one, easy to understand agreement.
* Flexibility : Enterprise Agreements are significantly more flexible than gift funds, so you and individual employees can negotiate a win-win agreement in which your employees are better able to balance their work/ man commitments and you can still fulfil the operational requirements of your business.
* Efficiency : Consolidating proportions of offer enables you to predict labour costs more easily and gives you the ability to roster more staff at busier times.
* Offset award clauses : Enterprise Agreements can provide for aggregate flat rates of compensate that integrates with loadings for a selection of penalties and allowances found within the award. You can provide your employees with a variety of monetary and non-monetary benefits to offset award provisions.
* Employee interests : You can provide your employees with greater undertaking and career advancement opportunities.
Used to its full capabilities, an EBA can create a clear path to a productive and symmetrical workplace; through good faith bargaining and maintaining excellent directions of communications. EI's legal squad can assist in implementing Enterprise Agreements; we were instrumental in implementing the very first small business EA in New South Wales and remain the most trusted generator for businesses in Australia.
We understand that frequent regulatory modifications are challenging for boss. EI's legal team is expert in developing accommodated workplace agreements that ensure you're well positioned to navigate any future changes in the law.
We can help you with :P TAGEND
* Drafting and lodging fair EAs tailor-make to your workplace
* Representation before Fair Work Australia
* Advice on matters arising from changes to state and federal law
