Enterprise Bargaining

Mapien are committed to aiding with the development and implementation of Enterprise Agreements which meet organisational objectives, while also delivering outcomes that enhance the organisation’s ability to attract and retain high-quality staff.

1 – Information Gathering and Benchmarking
We start by consulting with management to understand existing employee terms and desired outcomes. Our team benchmarks competitor conditions, identifies potential employee claims, and delivers a comprehensive report summarising key insights and recent union trends.

2 – Strategic Planning
We work closely with management to establish a clear bargaining strategy, framework and timeline. This includes advice on employee communications and engagement with union and bargaining representatives to ensure a coordinated approach.

3 – Agreement Drafting
Our Industrial Relations consultants draft a simple English Enterprise Agreement that aligns with your objectives and meets all legislative requirements. We verify the terms of the Enterprise Agreement with management, conduct BOOT (Better Off Overall Test) assessments where necessary, and update the Enterprise Agreement as negotiations evolve.

4 – Communication Plan
Together with management, we design the communication framework to keep employees informed and engaged. We review all key messages and materials to ensure clarity, consistency, and transparency throughout the bargaining process.

5 – Bargaining with Employees
We lead the bargaining process on your behalf, preparing key documents, responding to union and employee claims, and coaching management along the way. Our team provides ongoing strategic advice to achieve the best possible outcomes.

6 – Agreement Ballot Process Documentation
We ensure your employee ballot process is legislatively compliant and well-executed, preparing all required notices and explanatory materials including presentations, FAQs, and award comparisons, to support an informed vote.

7 – Fair Work Commission Approval and Lodgement
Finally, we prepare and lodge all application materials with the Fair Work Commission, manage any required submissions or undertakings, and liaise with your management team to secure timely approval of the agreement.

Enterprise bargaining is the formal negotiation process where employers and employees (often via unions) create an Enterprise Bargaining Agreement (EBA), a legally binding agreement setting pay, hours, and conditions above the relevant modern award.

Bargaining is the deal making stage where representatives from both sides iron out the details for pay and conditions. Once an agreement is reached this is then locked in as a Fair Work-approved agreement, overriding the specified parts of the award.

We partner with our clients to provide:

• Benchmarking research
• Strategy development
• Project management
• Facilitation and negotiations
• Conducting employee surveys
• Training bargaining committees in negotiation skills
• Lodgement and approval of Enterprise Agreements

The award is the baseline, an enterprise agreement is a custom layer that must sit above that baseline.

Benefits of an enterprise agreement

Enterprise agreements allow employers to take their attention away from calculating wages and spend more time focusing on how their people impact the business. Many employers seek to implement an enterprise agreement as it is often simpler and more efficient in the long term.

• Streamlined payroll & rostering by replacing multiple awards with one coherent set of terms
• Better employer branding, publicly listed agreement showcases competitive benefits and culture
• Long term cost predictability, supporting investment decisions
• Improved employee engagement through transparent bargaining

The following are some of the key questions that are asked by employers. This should not be taken as advice and employers need to understand that there are a number of variables that can impact the answers provided below. It is recommended that employers seek professional advice prior to proceeding on any EA related preparation or negotiation.

How long does an enterprise agreement last?

An enterprise agreement can have a maximum duration of four years, although remains operational following the nominal expiry date identified in the enterprise agreement..

What happens when an enterprise agreement expires?

Following the nominal expiry date of an enterprise agreement, the agreement remains operational until it is replaced by another enterprise agreement or it is terminated by the Fair Work Commission..

How long does enterprise bargaining usually take?

The negotiation of an enterprise agreement can be relatively short or considerably long depending on a number of factors, such as extent of changes proposed to the enterprise agreement, relationship with third parties involved in the negotiations and overall coordination of the end-to-end process. There are some legislative timeframes that must also be considered as part of an enterprise agreement negotiation process.

Who can be an employee bargaining representative?

Any union with at least one member, or a non-union employee nominated by employees covered by the enterprise agreement, can act as a representative during the negotiation process.

Do we still need modern awards after an enterprise agreement starts?

Yes. Awards remain the safety net for any matters not expressly covered in an enterprise agreement.

Does an enterprise agreement override an employment contract?

Yes, however, an employment contract can’t lawfully give someone less than the minimums in an enterprise agreement (or the National Employment Standards). If the contract tries to undercut pay rates, hours, leave, etc, the Enterprise Agreement should potentially apply. However, a contract can still add perks or higher pay than that which is provided for in an EA.