An Enterprise Agreement is a complex agreement that will apply to a workplace or part of a workplace and is negotiated with the employees who will be covered by it.
Employers who seek to negotiate an Enterprise Agreement with their employees are generally looking for an element of flexibility that is not provided in the relevant Modern Award; or they wish to introduce or cement particular arrangements that are suitable to their employees and operational needs. Others may have a multiple number of awards that apply across their workforce and wish to consolidate and have the one agreement that applies to all employees.
Key risks of getting it wrong
Drafting and negotiating an Enterprise Agreement can be a very time consuming, expensive and involved process. Negotiations often involve multiple parties and bargaining representatives, including unions, with competing agendas. It is not a process that should be embarked on lightly and without proper advice.
How can we help you?
If you are considering an Enterprise Agreement for your business, first talk to one of our experienced lawyers to establish whether this is the most suitable option for your business.
Aitken Legal’s Employment Lawyers have significant experience in drafting Enterprise Agreements that meet the needs of our clients; pass the Better Off Overall Test and we have excellent success rates in having agreements approved by the Fair Work Commission.
Remember, just because you have an Enterprise Agreement does not mean that you should not also have employment contracts with your employees. Speak to one of our Employment Lawyers about what additional protection might be available to you through a properly drafted employment contract.