Workplace Agreements and Common Law Contracts
Agreement-making
The Fair Work Act 2009 introduced new obligations, requirements and responsibilities for employers.
The Fair Work Act 2009:
- Removed individual statutory agreements from 1 January 2010;
- Introduced new terminology – ‘enterprise agreements’, rather than ‘collective agreements’;
- Provided new rules about the content of Enterprise Agreements – including what Agreements must contain;
- Placed an obligation on both parties to bargain in good faith;
- Placed new requirements on businesses to communicate in writing with employees through the Fair Work Information Statement, including advising of their right to representation;
- Introduced the ‘Better Off Over All Test’ from 1 January 2010; and
- Provided broader access to unions to be ‘covered’ by 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 you to negotiate cost effective enterprise agreements which increase flexibility and efficiency.
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 introduced 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. This ensures that common law contracts are enforceable and legitimate, thereby reducing exposure to future claims.
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Case Study
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New member Robert contacted VECCI to obtain advice on hiring staff for his new retail business. Robert was initially only looking to hire three or four staff, including some on youth wages, but wanted to avoid the complexity of paying different Award rates to different staff members. VECCI’s skilled consultants were able to take Robert through Common Law Award contracts and Enterprise Agreements, to see if an Enterprise Agreement paying all workers an above Award fixed rate would be most beneficial to his business. Robert was then able to conduct a cost-benefit analysis which established that although he would need to spend a few more hours per week on payroll administration, his business would ultimately benefit from having his employees working under Award conditions.
- For more information on these questions and any others relating to employment contact VECCI on 03 8662 5333. |
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Frequently Asked Questions
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How much do I have to pay an employee?
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What is the Award rate?
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What is an Enterprise Agreement?
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What are the rules?
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What are the rules around negotiating an agreement?
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What are Modern Awards?
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How do I negotiate an Enterprise Agreement?
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How much Annual Leave do I Have to pay employees?
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When I have to pay out Long Service Leave?
- For more information on these questions and any others relating to employment contact VECCI on 03 8662 5333. |
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VECCI members have access to hundreds of documents including Frequently Asked Questions which are available under Tools & Templates.