It is estimated that more than one third of Australia's
workforce is covered by an Enterprise Agreement, with another third
covered by a Modern Award. These statistics reflect the fact that
Enterprise Agreements can provide many businesses with greater
flexibility, freedom from restrictive Award conditions and, among
other benefits, industrial peace and harmony at least for the
duration of the Agreement. This is not to suggest that achieving
quality Enterprise Agreements is something easily achieved, and
determining what can (or should) be included in an Enterprise
Agreement can itself at times be difficult for employers.
The Fair Work Act 2009 (Cth) provides that there are some
provisions which are mandatory and must be included in all
Enterprise Agreements. Such required matters include a Nominal
Expiry Date, a Disputes Resolution clause, Individual Flexibility
clause and a Consultation clause. Whilst wages, hours of work,
penalties, allowances and breaks are all
