Got Questions?
An enterprise agreement (EA) is a legal document negotiated between employers and employees that sets out the minimum terms and conditions of employment, including salary, working hours, and other benefits. It provides a framework for employment conditions that go beyond the minimum standards set by the National Employment Standards (NES) and modern awards. An enterprise agreement can apply to a single business, multiple businesses, or a specific group of employees.
Bentham Sydney Employment Lawyers provide expert guidance throughout the negotiation process of an enterprise agreement. We assist in drafting the terms of the agreement, ensuring compliance with legal standards, and representing you in negotiations with your employer. Our team helps you understand your rights, prepares you for bargaining, and ensures that the final agreement is fair and in your best interest.
Common pitfalls for employers when preparing an enterprise agreement include failing to properly communicate the terms to employees, not meeting the Better Off Overall Test (BOOT), and including unlawful or non-compliant terms. Bentham Sydney Employment Lawyers can help you avoid these issues by ensuring that the agreement is clear, compliant with Fair Work legislation, and effectively communicated to all employees.
Yes, an enterprise agreement can be terminated early under certain conditions, such as mutual consent between the parties or if the Fair Work Commission deems it necessary. Bentham Sydney Employment Lawyers can guide you through the process of terminating an agreement, ensuring that all legal requirements are met and that the termination is handled correctly to avoid potential disputes.
If the Fair Work Commission rejects your enterprise agreement, Bentham Sydney Employment Lawyers can assist by reviewing the reasons for rejection and advising on necessary amendments. We help you address the Commission's concerns, revise the agreement accordingly, and re-submit it for approval. Our goal is to ensure that your agreement meets all legal requirements and is approved as efficiently as possible.
The Better Off Overall Test (BOOT) is used by the Fair Work Commission to assess whether employees are better off under the enterprise agreement compared to the relevant modern award. Bentham Sydney Employment Lawyers can help you understand how this test applies to your agreement, ensure that the terms meet the BOOT requirements, and assist in addressing any issues that may arise during the assessment process.