Collective Bargaining

Australia's new industrial relations system began operation on 1 July 2009 with the commencement of the Fair Work Act. This new law replaces 'WorkChoices' and establishes new legal obligations which you and your business must now meet.

As a small business employer, it is imperative that you understand the impact of these new obligations on your business as fines and other penalties may be imposed by the new industrial relations regulator, Fair Work Australia, if you do not follow the rules carefully.

This section of the Fair Work for Small Business Portal deals with the new Collective Bargaining framework which now applies to the negotiation of new Enterprise Agreements. Many of the rules which applied under WorkChoices have changed significantly and this section explains everything you now need to know.

Specific issues discussed in this section include:

  • The definitions of 'Collective Bargaining' and 'Enterprise Agreements'
  • Your obligation to bargain in 'good faith'
  • The role of Fair Work Australia in the new bargaining process
  • The different types of Enterprise Agreements you may now make
  • The process which must be followed to create a new Enterprise Agreement
  • What can - and cannot - be included in new Enterprise Agreements
  • The right of you and your employees to appoint 'Bargaining Agents', and
  • How bargaining-related disputes are resolved by Fair Work Australia

There are a number of resources available to you within this section of the Portal to suit you:

  • A 2 minute presentation on the key aspects of the new Collective Bargaining framework
  • A 30 minute presentation which sets out your new obligations in more detail which you can view
  • Registration for live and interactive webinars where you can hear more from experts about how the new Collective Bargaining framework operates
  • A downloadable White Paper and a comprehensive FAQ document
  • Each 2 minute overview presentation and 30 minute webinar will have translations available in Arabic, Cantonese, Greek, Italian, Mandarin and Vietnamese

We trust you will find these resources helpful and informative.

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