There are two steps to obtaining approval for a new enterprise agreement. The first step is for employees to vote on whether they approve of the proposed enterprise agreement. If the majority of employees vote in favour of the new enterprise agreement the agreement progresses to the second step. The second step in approving a…
Tag: Enterprise Agreements
Hospitality and the Penalty Rates debate – are industry groups barking up the wrong tree?
We have spoken a few times this year in general terms about penalty rates, but I wanted to make some specific comments on the restaurant industry. I have advised many restaurants, and have concerns that their industry groups are focusing too much attention on political lobbying regarding Modern Award conditions and penalty rates. I believe the…
The importance of express terms in Contracts of Employment and Enterprise Agreements
A presentation on 16th October 2014 on both Contracts of Employment and Enterprise agreements. Employment contracts In Commonwealth Bank of Australia v Barker [2014] HCA 32, the High Court held that the implied term of trust and confidence does not exist. This decision overruled the two federal court decisions below it, as well as the…
The Enterprise Bargaining Process – a pathway to compliance
Many of my small to medium business clients balk at the idea of collective agreement making – having heard horror stories about the protracted negotiations that commonly occur between large companies and powerful unions. In most industries, employers with from approximately 10 to 40 employees often find the bargaining process extremely helpful in ensuring compliance,…