Workplace Agreements and Common Law Contracts

Agreement-making

The Fair Work Act introduces new obligations, requirements and responsibilities, particularly over the next six to twelve months.

The Fair Work Act:

• Removes individual statutory agreements from 1 January 2010;
• Introduces new terminology – ‘enterprise agreements’, rather than ‘collective agreements’;
• Provides new rules about the content of enterprise agreements – including what Agreements must contain;
• Places an obligation on both parties to bargaining to bargain in good faith;
• Places new requirements on businesses to communicate in writing with employers, including advising of their right to representation;
• Introduces the ‘Better Off Over All Test’ from 1 January 2010; and
• Provides broader access to unions to be ‘covered’ by enterprise agreements – but does not allow Unions to be a party to enterprise agreements.

VECCI members may also be contending with increased union powers and demarcation disputes; the capacity for majority support determinations to enforce agreement bargaining; and new requirements as a consequence of the introduction of Good Faith Bargaining under the Fair Work Act 2009.

VECCI can assist your business to negotiate enterprise agreements that allow for increased flexibility, efficiency and cost-effectiveness.

VECCI can guide employers through every step of the agreement process, from training managers in negotiation and agreement making, negotiating on your behalf, and initial drafting, through to lodging and implementing agreements.

Common Law Contracts

The Fair Work Act 2009 will introduce new requirements and regulations surrounding the use of existing and new employment contracts. With the new powers of the Fair Work Ombudsman to enforce common law contract provisions and entitlements, it is even more critical that employment contracts are carefully drafted.

VECCI’s team of industrial relations-workplace relations consultants can assist employers with the review, drafting and offering of common law contracts.To ensure that common law contracts are enforceable and legitimate, thereby ensuring reduced exposure to future claims.