Recorded Webinar: A Deep Dive into Enterprise Agreements: From Negotiations to Certification

Getting an Enterprise Agreement approved by the Fair Work Commission is a technical, time consuming and difficult process. This session will review what employers and lawyers should know when drafting an Enterprise Agreement, including:

• Rules of engagement: initiating bargaining, appointing representatives, good faith obligations

• Getting the NERR right:

  • when do you need to give a NERR?

  • working through the technical requirements

  • consequences of a flawed NERR

• Who can be a bargaining representative?

• Permitted versus unpermitted matters for enterprise agreements

• How to review Enterprise Agreements to ensure they are consistent with the National Employment Standards

• Applying the better off overall test:

  • identifying the most appropriate award

  • what is a designated class of employees?

• Dispute resolution options when the parties can’t agree:

  • Section 240 application to the FWC

  • FWC “New Approaches” stream

  • external mediation

• Case study - A practical study of the Fair Work Commission checklist published with the BJS Labour Hire Pty Ltd Enterprise Agreement, what learnings can we apply?