Employee Enterprise Agreement Template for Australia

An Employee Enterprise Agreement is a collective agreement made under Australian federal workplace law between an employer and their employees. It sets out employment terms and conditions that supplement or replace the relevant modern awards, while ensuring employees are better off overall compared to the minimum requirements. The agreement must comply with the Fair Work Act 2009 and be approved by the Fair Work Commission. It typically covers aspects such as wages, working hours, leave entitlements, dispute resolution procedures, and other employment conditions specific to the workplace or enterprise.

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What is a Employee Enterprise Agreement?

Employee Enterprise Agreements are fundamental instruments in Australian workplace relations, established under the Fair Work Act 2009. These agreements are used when an employer wishes to create standardized employment terms and conditions across their workforce that differ from but improve upon the relevant modern awards. An Employee Enterprise Agreement is particularly valuable for organizations seeking to establish uniform workplace conditions, streamline HR processes, and create clarity around employment terms while maintaining compliance with federal workplace laws. The agreement must be negotiated with employees, validated through a formal approval process, and registered with the Fair Work Commission. It typically remains in effect for 3-4 years and covers all essential aspects of the employment relationship, from remuneration to workplace flexibility arrangements.

What sections should be included in a Employee Enterprise Agreement?

1. Parties: Identifies the employer and employees covered by the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. Application and Operation: Specifies the agreement's duration, coverage, and relationship with other instruments

5. Consultation and Dispute Resolution: Outlines processes for workplace changes and resolving disputes

6. Types of Employment: Defines different employment categories (full-time, part-time, casual)

7. Hours of Work: Specifies ordinary hours, breaks, and overtime arrangements

8. Wages and Classifications: Details pay rates, classifications, and wage-related matters

9. Leave Entitlements: Covers all types of leave (annual, personal, long service, etc.)

10. Public Holidays: Specifies public holiday entitlements and working arrangements

11. Individual Flexibility Arrangements: Provisions for individual flexibility as required by Fair Work Act

12. Termination of Employment: Notice periods, redundancy provisions, and termination procedures

13. Work Health and Safety: General WHS obligations and commitments

14. Agreement Compliance and Review: Processes for monitoring and reviewing agreement compliance

What sections are optional to include in a Employee Enterprise Agreement?

1. Remote Work Arrangements: Include when the organization offers flexible working locations

2. Allowances and Reimbursements: Include when specific industry or role-based allowances apply

3. Performance Management: Include when establishing specific performance review processes

4. Training and Development: Include when specifying training obligations and opportunities

5. Workplace Diversity and Inclusion: Include when establishing specific diversity commitments

6. Union Rights and Responsibilities: Include when union involvement is significant

7. Environmental Sustainability: Include when establishing workplace environmental commitments

8. Domestic Violence Leave: Include when offering additional domestic violence support beyond statutory requirements

What schedules should be included in a Employee Enterprise Agreement?

1. Schedule 1 - Classification Descriptions: Detailed description of each job classification and corresponding responsibilities

2. Schedule 2 - Wage Rates: Detailed wage tables including progression steps and allowances

3. Schedule 3 - Supported Wage System: Details of supported wage arrangements for employees with disabilities

4. Schedule 4 - Working Hours Arrangements: Specific details of rosters, shifts, and break patterns

5. Schedule 5 - Consultation Framework: Detailed procedures for consultation process

6. Appendix A - Forms and Templates: Standard forms for flexibility arrangements, leave applications etc.

7. Appendix B - Policies Referenced: List of workplace policies that interact with the agreement

8. Appendix C - Dispute Resolution Procedures: Detailed steps and processes for dispute resolution

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use

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