Enterprise Bargaining
Australia’s new Secure Jobs, Better Pay reforms and 2025 “Closing Loopholes” amendments mean unions, or even a single employee bargaining representative, can now compel an employer to negotiate an enterprise agreement once the previous agreement has expired.
By investing time to listen and understand your specific workplace circumstances, we can assist you in reaching appropriate and effective Enterprise Agreements.
Mapien Consultants can advise on all aspects of the enterprise agreement process:
- Facilitating stakeholder workshops including negotiation skills training
- Strategy development
- Project planning
- Drafting and interpreting agreements
- Negotiation of agreements with bargaining representatives
- Managing union relations
- Developing and implementing effective communication strategies
- Conducting employee surveys
What is enterprise bargaining?
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
Our Enterprise Agreement Services
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.
What’s the difference between a modern award and an EA/EBA?
| Modern award | Enterprise Agreement (EA/EBA) |
| Industry, or occupation-wide “safety net” set by the Fair Work Commission. | Negotiated for one business (or a group) and tailored to its operations. |
| Applies automatically if no EA covers the employee. | Replaces the award once approved, but only if each worker is better off overall than under the award. |
| Updated by the Commission, not by the employer. | Bargained by the employer and employees/union; lodged for approval. |
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
Key Team Members
Our Office Locations
Brisbane
Level 10, 340 Adelaide Street, Brisbane QLD 4000
PO Box 10399, Adelaide Street, Brisbane QLD 4000
Victoria
Level 2, 520 Collins Street, Melbourne VIC 3000
Level 4, 60 Moorabool Street, Geelong VIC 3220
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Frequently Asked Questions
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.