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Eb Agreement

Eb Agreement Template for Australia

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Key Requirements PROMPT example:

Eb Agreement

"I need an Enterprise Bargaining Agreement for a medium-sized manufacturing company with 250 employees, including provisions for shift work, overtime arrangements, and specific safety protocols for handling industrial equipment, with the agreement to commence from March 2025."

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Document background
This Enterprise Bargaining (EB) Agreement template is designed for use in Australian workplaces operating under federal workplace law. It serves as the primary instrument for establishing employment terms and conditions between an employer and their employees, replacing the applicable modern award while maintaining compliance with the National Employment Standards. The EB Agreement should be used when an organization wishes to negotiate customized workplace arrangements that better suit their business needs while ensuring employees are better off overall compared to the relevant award. The document includes comprehensive provisions for wages, working conditions, leave entitlements, dispute resolution, and other employment matters, all within the framework established by the Fair Work Act 2009.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the employer and covered employees/classifications

2. Background: Outlines the context of the agreement and its relationship to any previous agreements

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

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

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

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

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

8. Wages and Related Matters: Details wage rates, payment methods, and salary progression

9. Leave Entitlements: Covers all types of leave including annual, personal, long service, and parental leave

10. Public Holidays: Lists recognized public holidays and related entitlements

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

12. Work Health and Safety: Outlines WHS obligations and procedures

13. Signature Page: For formal execution by all parties

Optional Sections

1. Flexibility Arrangements: Individual flexibility arrangements - include when the enterprise wants to enable individual arrangements

2. Working from Home: Remote work provisions - include for organizations offering flexible work locations

3. Training and Development: Professional development provisions - include when there's significant focus on skill development

4. Allowances: Special payments and allowances - include when industry-specific allowances apply

5. Union Rights: Union representation and rights - include when unions are actively involved

6. Redundancy: Enhanced redundancy provisions - include when offering above-standard redundancy terms

7. Performance Management: Performance review procedures - include when formal performance management is key

8. Domestic Violence Leave: Additional domestic violence provisions - include when offering above-statutory entitlements

Suggested Schedules

1. Schedule 1 - Classification Structure: Detailed job classifications and associated skill levels

2. Schedule 2 - Wage Rates: Detailed wage tables for all classifications including progression steps

3. Schedule 3 - Allowances: Detailed list of allowances and their calculation methods

4. Schedule 4 - Supported Wage System: Special wage rates for employees with disabilities

5. Schedule 5 - School-based Apprentices: Special provisions for school-based apprentices if applicable

6. Appendix A - Shift Rosters: Sample shift patterns and rostering arrangements

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

8. Appendix C - Training Framework: Detailed training and competency requirements by classification

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Act
Agreement
Award
Base Rate of Pay
Casual Employee
Company
Consultation
Continuous Service
De Facto Partner
Dispute
Employee
Employer
Enterprise
Fair Work Commission
Full-time Employee
Immediate Family Member
Immediate Manager
Industrial Instrument
Modern Award
NES
Ordinary Hours
Overtime
Part-time Employee
Party/Parties
Permanent Employee
Public Holiday
Redundancy
Regular Casual Employee
Representative
Shift Worker
Spouse
Standard Day
Standard Rate
Union
Workplace
Year of Service
Clauses
Application and Scope
Duration and Operation
Terms of Employment
Hours of Work
Overtime and Penalty Rates
Remuneration
Allowances
Superannuation
Leave Entitlements
Public Holidays
Consultation
Dispute Resolution
Workplace Flexibility
Redundancy
Termination of Employment
Work Health and Safety
Union Rights
Representative Rights
Classification Structure
Performance Management
Training and Development
Workplace Change
Transfer of Business
Individual Flexibility Arrangements
Stand Down Provisions
Employee Support
Anti-Discrimination
Workplace Diversity
Natural Disaster Leave
Domestic Violence Leave
Working from Home
Career Progression
Disciplinary Procedures
Parental Leave
Long Service Leave
Relevant Industries

Manufacturing

Construction

Healthcare

Education

Mining

Retail

Hospitality

Transport and Logistics

Public Sector

Professional Services

Telecommunications

Financial Services

Relevant Teams

Human Resources

Legal

Compliance

Industrial Relations

Executive Leadership

Operations

People and Culture

Employee Relations

Relevant Roles

Human Resources Director

HR Manager

Industrial Relations Manager

Legal Counsel

Employee Relations Specialist

Compliance Manager

Operations Manager

General Manager

Chief Executive Officer

Union Delegate

Workplace Relations Advisor

People and Culture Manager

Industries
Fair Work Act 2009 (Cth): The primary legislation governing workplace relations in Australia, including the creation, negotiation and approval of enterprise agreements, as well as setting out mandatory minimum employment conditions.
Fair Work Regulations 2009: Supplementary regulations that provide additional detail and requirements for implementing the Fair Work Act, including specific procedures for enterprise agreements.
Competition and Consumer Act 2010 (Cth): Relevant for ensuring any restrictive trade practices or anti-competitive provisions are not included in the enterprise agreement.
Anti-Discrimination Legislation (Federal): Including Sex Discrimination Act 1984, Racial Discrimination Act 1975, Disability Discrimination Act 1992, and Age Discrimination Act 2004 - ensures the agreement doesn't contain discriminatory provisions.
Privacy Act 1988 (Cth): Relevant for handling employee personal information and any privacy-related provisions in the agreement.
Work Health and Safety Act 2011 (Cth): Ensures the agreement aligns with workplace health and safety obligations and responsibilities.
Superannuation Guarantee (Administration) Act 1992: Governs superannuation obligations that must be reflected in the enterprise agreement.
National Employment Standards: While not legislation per se, these are mandatory minimum standards under the Fair Work Act that must be met or exceeded in any enterprise agreement.
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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