Enterprise agreement is an agreement that has been issued for agreement on an enterprise level. This is usually between employers and employees and their unions. This agreement typically discusses the terms and conditions of an employment. These simple agreements can either be made by one employer or more than one employer together with a group of employees. The reason why there is a need for an enterprise agreement is the fact that they are able to cover specific arrangements for a specific task.
If you are looking for more information about enterprise agreements, you are definitely on the right page. We have a couple of sample agreements specifically made for enterprise agreements plus a couple of useful information that can help you effectively come up with your very own enterprise agreement. Make sure that you keep reading this article!
Enterprise Agreement to Download in PDF
Treasury Enterprise Agreement
Approved Enterprise Agreement Example
Types of Enterprise Agreements
There are about three types of enterprise agreements. The three are (1) single enterprise agreement, (2) multi-enterprise agreement, and (3) greenfields agreement. Each of these types of enterprise agreements will be further discussed below.
1. Single Enterprise Agreement
As the name of this agreement suggests, it is usually made by two or more employers who have a single goal or interest. In order to effectively come up with a single enterprise agreement, the interested parties must secure a determination that will usually come from the Fair Work Commission stating that they are employers who have a single interest. Employers who typically come up with a single enterprise agreement are those that are involved in a joint venture or those who are considered to be related corporations. These employers may conduct a meeting with their employees in order to come to an agreement regarding the enterprise. You may also see sample payment agreements.
One good example of this would be a franchise business. A franchised business typically works separately from the mother business. However, they do have a common interest when it comes to taking care of the welfare of their employees. A franchised business is not competing with another franchised business, which will be the main goal of an enterprise agreement.
Interested in putting up your business for franchising? You may definitely check out our article about coming up with franchise agreement samples and templates.
2. Multi-Enterprise Agreement
Just like a single enterprise agreement, a multi-enterprise agreement can also be created by two or more employers. However, unlike a single enterprise agreement, employers involved in a multi-enterprise agreement need not prove that they have one single interest while making the bargaining process. They, however, need to prove that they can all bargain together despite the difference in interests. This agreement is quite common in construction as there are multiple businesses that work together in order to complete the construction project. You may also like vehicle purchase agreement letters.
3. Greenfields Agreements
Greenfield agreements are considered to be a distinct classification of an enterprise agreement. This is due to the fact that a greenfields agreement will only be created if and only if a new enterprise is created. Basically, this means that an employer will need to come up with an enterprise right before employees are considered to be officially employed in the business. You may also check out professional services agreement templates.
You should take note, however, that a greenfields agreement can be simultaneously a single enterprise or multi-enterprise agreement. Trade unions and employers are usually the ones involved in a greenfields agreement.
Take Note: If you are an employer, once you have decided to come up with an enterprise agreement, the Fair Work Commission will need to approve said enterprise agreement first before your employees can start their work. On the other hand, if you are an employee, you may need to check as to whether or not you are covered by an existing enterprise agreement. You may want to consult you HR manager regarding this matter. You might be interested in teacher agreement contract samples.
University Enterprise Agreement
Example Enterprise Agreement
Sample Enterprise Agreement in PDF
City Enterprise Agreement
What Is Covered by an Enterprise Agreement?
Enterprise agreements can cover a wide range of items that are related to employment. However, these agreements do not cover anything that is deemed to be unlawful. Some of the most common provisions that are stated in an enterprise agreement are as follows:
- The fairness of compensation of workers
- The conditions of employment which may include:
- working hours
- overtime and corresponding overtime pay
- Consultation between employees and representatives
- Procedures that cover how to resolve issues
- Fair deduction of wages
You may also want to refer to General Employment Agreement Samples and Templates.
Council Enterprise Agreement
Enterprise Agreement Sample in PDF
Rules for Making Enterprise Agreements
When it comes to coming up with an enterprise agreement, make sure that everyone involved is going to play fair or that they are bargaining in good faith. You may also see sample operating agreement templates.
As per Fair Work Australia, there are a couple of principles that need to be followed in order to bargain in good faith. Such principles are as follows:
1. The participant must make sure to recognize and bargain with those who are going to be involved in the agreement.
2. The participant must ensure that he/she will be present and will participate in meetings.
3. The participant must only disclose information to the individuals involved with the exemption of any information deemed to be confidential or sensitive. You may also like sample memorandum of agreement templates.
4. The participant must be willing to respond to any proposal made by other representatives.
5. The participant must genuinely consider proposals made by any bargaining representative and provide a good reason why their responses are so.
6. The participant must refrain from behaving in a way that will tarnish the name of the employers, employees, and unions involved with the general agreement.
Government Enterprise Agreement
Safe Work Australia Enterprise Agreement
What to Include and What Not to Include in an Enterprise Agreement
An enterprise agreement should make sure that it includes terms or matters which are
- the terms and conditions regarding the relationship of the employers and employees as per agreement,
- the terms and conditions regarding the relationship between the employer and the trade unions as per agreement,
- the terms and conditions regarding the deductions in wages or salary as authorized by the employee as per agreement, and
- the terms and conditions as to how the enterprise agreement will operate.
You may also see sample project development agreements.
The terms that should be included in the enterprise agreement are as follows:
- The nominal expiry date of the agreement. This is typically not longer than four years from the date of approval by the Fair Work Commission.
- Procedures regarding how disputes are to be settled. This is to be authorized by the Fair Work Commission or someone who is independent that is authorized to settle employment disputes.
- A provision regarding flexibility in order to properly meet the needs of employers and employees.
- Terms regarding consultation. This would usually cover situations where there might be any major change that will occur in the workplace.
You may also like sample business referral agreements.
2. Do not include
Any content deemed to be unlawful should not be included in the enterprise agreement. This covers any of the following:
- Terms that are considered to be discriminatory in nature.
- Terms that are considered to be objectionable.
- Terms that are understood as conferring entitlement or remedies that are related to dismissing employees in an unfair manner without even completing the minimum employment period.
- Terms that aim to modify the application of provisions regarding unfair dismissal that is considered to be detrimental to an employee.
- Terms that are considered to be inconsistent with the industrial action provisions.
- Terms that will provide an entitlement to the right of entry.
You may also check out sample investment agreements.
Transport Enterprise Agreement
Australian Research Council Enterprise Agreement
Free Enterprise Agreement to Download
So there you go! Now you have a better idea of how you can go about making your very own enterprise agreement. We hope that you found this article helpful and we hoped it eased your confusion about enterprise agreements. You may also see sample commission agreements.
As a recap, here are some of the key takeaway that you should always keep in mind:
- Enterprise agreements, just like any other business agreement, is an agreement between two parties, usually an employer and employee/trade union.
- There are three types of enterprise agreements:
- Single Enterprise Agreements
- Multi-Enterprise Agreements
- Greenfields Agreements
- Enterprise agreements should not contain anything that is deemed to be unlawful such as discriminatory terms.
- Just like any agreement, an enterprise agreement should be complete with the terms and conditions to ensure that everyone involved has a good understanding about what is covered by the agreement.
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