If you`re an employer or manager looking to establish a fair and effective workplace agreement with your employees, an enterprise bargaining agreement (EBA) is a vital tool that can help you achieve this goal. An EBA is a legally binding agreement between an employer and their employees that sets out the terms and conditions of employment, including wages, hours and conditions.
Here are the steps to start an enterprise bargaining agreement:
Step 1: Understand what an EBA is
An EBA is a written agreement between an employer and its employees that sets out the terms and conditions of employment. It must comply with the Fair Work Act 2009 and any applicable modern award or other relevant legislation. Once an EBA is approved, it will have legal enforceability.
Step 2: Identify the scope of your EBA
Identify which employees the EBA will apply to and what their roles and responsibilities are. The EBA can cover all employees or a specific group of employees. It`s important to note that an EBA can`t offer conditions that are less favourable than the relevant modern awards.
Step 3: Consult with employees
Talk to your employees and their representatives about the proposed EBA. You need to explain the terms and conditions of the agreement and ensure that your employees understand what they are agreeing to. You may also need to consult with a union if your employees are members of one.
Step 4: Draft the agreement
The EBA should be drafted to reflect the discussions and negotiations that have taken place with employees and their representatives. The agreement should be written in plain English and be easy to understand.
Step 5: Lodge the EBA
Once the EBA has been drafted, it is lodged with the Fair Work Commission for approval. The Commission will assess whether the EBA complies with the Fair Work Act and any other applicable legislation.
Step 6: Vote on the EBA
Once the Fair Work Commission has approved the EBA, employees will need to vote on whether to accept or reject the agreement. At least 50% of employees who are eligible to vote must vote in favour of the agreement for it to be approved.
Step 7: Register the EBA
Once the EBA is approved and accepted, it needs to be registered with the Fair Work Commission. The agreement will come into effect seven days after it’s registered.
Starting an EBA is a collaborative effort that requires consultation and negotiation with your employees to ensure that the agreement is fair and just. Once the EBA is agreed upon, it will create a stable and predictable working environment for your employees and allow you to run your business more efficiently.