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Enterprise Agreements - Articles

25/07/2016Enterprise Agreements, Industries, Legislation

In July 2015 the COLES STORE TEAM ENTERPRISE AGREEMENT was lodged with the FWC for approval, which was duly granted by Commissioner Geoff Bull after some discussion and undertakings were provided by Coles. Many agreements have taken the same path, however it has not been smooth sailing for Coles since its approval. What can we learn from Coles for future agreement making? The agreement was intended to replace 6 existing agreements – the Coles Supermarkets (Australia) Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011, plus 5 agreements with the Australian Meat Industry Employees Union (AMIEU...

29/06/2015Bargaining, Negotiation, Enterprise Agreements

Answer: ‘EBA’ stands for Enterprise Bargaining Agreement and it is a generic term referring to enterprise agreements. Many different terms have emerged over the years which have different meanings. The term used in the Fair Work Act is ‘Enterprise Agreement’. As most all Australian employers are covered by the Act, this is the most correct term to be used. The term ‘Enterprise Agreement’ emerged in July 2009 after it replaced various types of collective and individual workplace agreements that existed under the previous workplace relations system. ‘Enterprise Bargaining’ refers to the process...

16/12/2016Enterprise Agreements, Legislation

Since the Coles Supermarkets decision , there has been considerable uncertainty as to what the FWC will accept as meeting the Better-Off-Overall Test, colloquially knows as the ‘BOOT’, for enterprise agreements similar to the Coles version, that attempt to provide loaded rates in return for buying out penalties and other inflexibilities under the award that would otherwise be applicable. The impact on approval of enterprise agreements we are talking about here is not in areas of the economy where employees are paid well over minimum award conditions. In the areas of hospitality, retail and...

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