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Enterprise Bargaining Agreements

and why your involvement matters.

Are you employed in the healthcare industry and interested in staying informed about updates regarding your Enterprise Agreement?

Would you like to actively participate in advocating for improved workers’ rights, fair wages and benefits?

This website is created by the HWU for individuals employed in various healthcare settings, such as public and private hospitals, pathology labs, dental clinics, community health centres, Aboriginal healthcare, disability services, and aged care facilities.

We urge all workers to actively engage in shaping their workplace agreements for fair pay and equal rights. This dedicated website is here to keep you informed, providing free resources to help you understand what an Enterprise Agreement is, why your involvement is more significant than just casting a vote, and why it matters.

Want to learn about Enterprise Agreements and the steps involved in its development?

What is an Enterprise Agreement?

Enterprise agreements set employment entitlements for employees of a particular employer or group of employers. They are negotiated between the employer and employees collectively through a union.

An enterprise agreement can’t provide entitlements that are overall less than those provided by the relevant modern award.

Under the Fair Work Act 2009, the following Enterprise Agreements can be made:

Single-Enterprise Agreement – A contract between one employer and their employees.

A single-enterprise agreement is a legally binding employment contract or agreement between a single employer (or enterprise) and its employees. This agreement outlines various terms and conditions of employment, such as wages, working hours, leave policies, and other workplace rights and responsibilities.

Single-enterprise agreements are often negotiated between an employer and a group of employees or their representatives, and they must comply with labour laws and regulations in the respective jurisdiction. These agreements are used to establish the working conditions for a specific group of employees within a particular company or organisation.

Multi-Enterprise Agreement – A contract between multiple employers and their employees.

A multi-enterprise agreement is a legally binding contract that covers employees from multiple employers and sets out common terms and conditions of employment for those workers. It allows multiple businesses or enterprises to collaborate on a single agreement that governs aspects of employment like wages, working hours, and leave policies for their employees who are part of the agreement.

Greenfield Enterprise Agreement – A greenfield enterprise agreement is a contract for a brand-new business, outlining employment terms from scratch.

A greenfield enterprise agreement, in the simplest terms, is a legally binding agreement that outlines the terms and conditions of employment for a new business or project that is being established from scratch, often in a new location or industry. This agreement sets the rules for how employees will be hired, paid, and work within this new venture, and it’s typically negotiated between the employer and employees or their representatives.

It’s called “greenfield” because it’s like starting with a blank slate, creating new employment terms without existing structures or agreements in place.

Your employer will formally notify the HWU in writing and request to make a new agreement.
HWU Members will receive a formal newsletter through email advising of commencement of the bargaining date.

How is an Enterprise Agreement Made?

Enterprise agreements, in the simplest terms, are made through negotiation and approval between employers and their employees or their representatives.

Employers must notify their employees of the right to be represented by a bargaining representative during the bargaining of an Enterprise Agreement as soon as possible no later than 14 days after notification.

Who can be a bargaining representative?

Enterprise agreements, in the simplest terms, are made through negotiation and approval between employers and their employees or their representatives.

The Fair Work Act 2009 identifies the following as bargaining representatives:

An employer that will be covered by the agreement.

A trade union who has a member that would be covered by the agreement.

A trade union who is entitled to represent one or more employees who will be covered by a Greenfields Agreement.

A trade union that has applied to the FWC for a low paid authorisation that relates to the agreement.

A person specified in writing as their bargaining representative by either an employer or employee who would be covered by the agreement.

For employees who are a member of a trade union, the default bargaining representative is their trade union.

Log of Claims

A Log of Claims is a document listing workers’ demands in negotiations. It outlines requests such as higher wages and improved conditions, forming the basis for discussions with the employer.

What are the requirements of good faith bargaining?

Bargaining representatives are required to act in good faith in the process of bargaining for a proposed enterprise agreement. To meet these requirements, the bargaining representatives must meet:

Attending and participating in meetings.

Disclosing relevant information

Responding to proposals from other representatives in a timely manner

Giving genuine consideration to the proposals of other representatives, and

Refraining from ‘capricious’ or unfair conduct

Consideration period

The consideration period in enterprise bargaining is a set time when employees can review a proposed agreement’s terms. It’s crucial for making informed choices about accepting or rejecting the deal.

Workers will be given a copy provided by their employer and the HWU, along with the date and time voting will commence.

Voting for your agreement

All workers must be notified by their employer on how to vote, along with the date and time when voting will open and close.

The HWU will notify the members via email, text and union notice boards advising how to vote.

What happens when it a Yes Vote?

Once workers approve the agreement, it is submitted to the Fair Work Commission for approval by conducting the Better Off Overall Test (B.O.O.T)

Fair Work Commission my seek to make changes in accordance with the BOOT. After which, the Agreement will commence.

What happens when it is a No Vote?

The existing agreement still applies, and Employers and the Bargaining Representatives will renegotiate, addressing concerns.

Industrial action may follow if disputes persist. Regulatory authorities can mediate, and in some cases, approve or reject the agreement.

Legal protections often safeguard employees’ rights during this process.

Additional Information

What is a Modern Award

Modern awards set out the minimum employment entitlements for the majority of employees in a particular industry or occupation.
Generally, except where an employee is covered by an enterprise agreement, a modern award applies to everyone who works in the industry or occupation it covers.

What is the National Employment Standard (NES)?

The National Employment Standard (NES) in Australia is a basic set of rules that outline things like leave, working hours, and other fundamental rights that most employees are entitled to by law. It ensures a minimum level of protection for workers.

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