Enterprise Bargaining is the process of an employer bargaining with its employees to determine working conditions and entitlements. Once agreed upon, these are recorded in an enterprise agreement. Hastings Deering's Enterprise Bargaining process is regulated by the Fair Work Act 2009 (Cth)
Bargaining for a proposed Enterprise Agreement begins when the employer agrees to bargain, or initiates bargaining. There is no set timeframe in which bargaining must be completed, although it is usually beneficial for all parties to reach an agreement as soon as possible.
At Hastings Deering, we have a single Enterprise Agreement which covers eligible employees, as per those contained in the classifications in the schedule to the current Agreement.
The current Agreement nominally expires on 14 September 2021, however it will continue to operate until it is terminated or replaced by a new Enterprise Agreement.
THE BARGAINING PROCESS
The bargaining process usually begins with bargaining representatives submitting a log of claims, which is a list of key priorities to be discussed. The process then follows three steps:
- The bargaining representatives meet to negotiate a draft Agreement.
- Once the Agreement content has been agreed in principle between the bargaining representatives, employees are asked to vote on the Agreement. Voting is optional.
- If a valid majority of employees vote in favour of the Agreement, the Agreement is sent to the Fair Work Commission for certification.
NOTIFICATION OF 2021 ENTERPRISE BARGAINING
When the Company decides to initiate the bargaining process, employees will be notified in writing. When this occurs, a Notice of Representational Rights (NERR) will be issued to all employees.
PARTICIPATING IN ENTERPRISE BARGAINING
Employees have the right to represent themselves or nominate a bargaining representative to participate in the negotiations on their behalf.
If you are a member of a union, your union will automatically represent you in enterprise bargaining.
You can participate in the enterprise bargaining process by:
- making comments, asking questions and providing feedback to the Hastings Deering Enterprise Agreement Team
- reading updates
- providing feedback directly to your union or appointed bargaining representative
- voting on the proposed Agreement.
An Enterprise Agreement is an agreement made between an employer and its employees that sets out working conditions and entitlements.
The relevant modern award provides the minimum conditions of employment for most Hastings Deering employees. In order for an Enterprise Agreement to be certified by the Fair Work Commission, it must result in employees being 'better off overall' than if they were covered by the modern award.
FAIR WORK COMMISSION CERTIFICATION
Once a majority of voters support a new Enterprise Agreement through a ‘Yes’ vote, the Agreement must be lodged with the Fair Work Commission for approval.
The Fair Work Commission reviews the Agreement to ensure that it meets all of the requirements of the Fair Work Act 2009 (Cth), including the ‘better off overall test’. This test requires that employees are better off overall than the relevant modern awards.
Once the Commission certifies the Agreement, Hastings Deering is notified and the Agreement comes into effect on the date specified.