Employment Bargaining Agreement Template for Australia

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Key Requirements PROMPT example:

Employment Bargaining Agreement

"I need an Employment Bargaining Agreement for a medium-sized manufacturing company in Queensland, Australia, with specific provisions for shift workers and hazard pay, to be implemented by March 2025."

Document background
Employment Bargaining Agreements are fundamental instruments in Australian workplace relations, governed by the Fair Work Act 2009. These agreements are used when an employer wishes to establish standardized employment terms and conditions for a group of employees, often improving upon industry award minimums. An Employment Bargaining Agreement is particularly valuable for organizations seeking to create consistent workplace conditions while potentially streamlining administration of employee entitlements. The agreement must pass the Better Off Overall Test (BOOT) administered by the Fair Work Commission, ensuring employees are better off than under the relevant modern award. Once approved, it operates to the exclusion of any modern award that would otherwise apply, typically with a nominal expiry date of three to four years.
Suggested Sections

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

2. Background: Context of the agreement, including its purpose and relationship to previous agreements

3. Definitions: Defines key terms used throughout the agreement

4. Application and Operation: Scope, duration, and nominal expiry date of the agreement

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

6. Types of Employment: Classifications of employment (full-time, part-time, casual)

7. Hours of Work: Standard hours, overtime, flexible arrangements, and breaks

8. Remuneration: Wages, salary bands, allowances, and payment arrangements

9. Leave Entitlements: All forms of leave including annual, personal, long service, and parental leave

10. Public Holidays: Treatment of public holidays and related entitlements

11. Superannuation: Superannuation arrangements and contributions

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

13. Work Health and Safety: Health and safety obligations and procedures

14. Signature Page: Execution section for all parties to sign

Optional Sections

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

2. Shift Work Provisions: Include for businesses operating outside standard business hours

3. Industry-Specific Allowances: Include when special industry conditions require additional payments

4. Training and Development: Include when there are specific professional development programs

5. Performance Management: Include when implementing formal performance review processes

6. Union Rights: Include when unions are actively involved in the workplace

7. Domestic Violence Leave: Include specific provisions beyond statutory requirements

8. Environmental Obligations: Include for industries with specific environmental responsibilities

9. Innovation and Intellectual Property: Include when employees may create IP in their role

Suggested Schedules

1. Schedule A - Classification Structure: Detailed job classifications and corresponding pay rates

2. Schedule B - Allowances: List of all applicable allowances and their calculation methods

3. Schedule C - Supported Wage System: Special wage provisions for employees with disabilities

4. Schedule D - School-based Apprentices: Specific provisions for apprentices still attending school

5. Schedule E - National Training Wage: Training wage arrangements and progression

6. Appendix 1 - Wage Tables: Detailed wage rates for all classifications

7. Appendix 2 - Consultation Framework: Detailed procedures for workplace consultation

8. Appendix 3 - Flexibility Agreement Template: Template for individual flexibility arrangements

9. Appendix 4 - Rostering Principles: Guidelines and rules for creating work rosters

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Healthcare

Education

Mining

Construction

Retail

Hospitality

Transport and Logistics

Public Sector

Financial Services

Telecommunications

Agriculture

Energy and Utilities

Relevant Teams

Human Resources

Legal

Executive Leadership

Industrial Relations

Compliance

Payroll

Operations

People and Culture

Employee Relations

Relevant Roles

Human Resources Director

Industrial Relations Manager

Legal Counsel

HR Business Partner

Employee Relations Manager

Compliance Officer

Payroll Manager

Operations Manager

Chief Executive Officer

Chief Human Resources Officer

Workplace Relations Advisor

People and Culture Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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