Enterprise Agreements – new content rules

The “Workchoices” laws limited the range of matters that could be included in a workplace agreement. A list of prohibited content was established and it was unlawful to include any of those items in a workplace agreement.

Many of these restrictions disappear under the new Fair Work laws. This Fact Sheet provides further explanation about these changes. Further details can be obtained by attending VECCI’s special Employer Briefings on the new laws. The Helpline can also assist with more information.

What can be included?

Agreements can now include matters that relate to the relationship between:

• The employer and employees, or
• The employer and any union representing the employees.
• This means that claims for things like deduction of union dues, trade union training leave and attendance at union picnic days could be back on the bargaining agenda.
• Agreements will also be required to contain –
• An expiry date,
• A disputes resolution procedure,
• Provisions about consultation in the event of major change, and
• Details about individual flexibility arrangements that can be made between the employer and employee.

What can’t be included?

Some things remain unlawful content and can’t be included in agreements. These are:

• Discriminatory provisions,
• Clauses that require payment of  bargaining fees to a union,
• Terms that provide greater protection against unfair dismissal than already exist in legislation,
• Terms that seek to provide better right of entry entitlements, and clauses that seek to authorise industrial action during the life of an agreement.