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ARTICLE · 29 MAY 2023

Concerned about multi-employer bargaining? Consider implementing your own enterprise agreement

Gilchrist Connell
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Unions will be able to apply to make employers party to existing multi-enterprise bargaining agreements.

AustraliaEmployment and HR
Mark Curran
Mark Curran
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Many employers are concerned about the multi-employer bargaining provisions of the Secure Jobs, Better Pay legislation. Of particular concern is the ability of unions to apply to make employers party to existing multi-enterprise bargaining agreements.

Employers who are concerned about such applications and who have award based employees should consider implementing their own enterprise agreement or, alternatively, renewing their existing enterprise agreement that has past its nominal expiry date.

The sanctity of an enterprise agreement.

A fundamental provision in the Fair Work Act is section 58(1), which provides only one enterprise agreement can apply to an employee at a particular time. This is reinforced by section 58(2), which provides (generally) that, if an enterprise agreement applies to an employee and another enterprise agreement that covers the employee comes into operation, and the earlier agreement has not passed its nominal expiry date, the latter

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