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The Fair Work Act has changed the enterprise agreement making landscape considerably. Not only is there a new legislative test against which enterprise agreements are assessed, but employers are now also obliged to bargain in “good faith” with all bargaining representatives. With the renewed focus on collective bargaining under the Fair Work Act, it is not surprising that the collective bargaining provisions have generated the most litigation of any aspect of the new legislation. This session will outline the key areas of the new regime, with a focus on the lessons learnt from recent caselaw.
This session will cover:
- The new legislative test – what does “better off overall” mean?
- Enterprise Agreement content – what will an enterprise agreement look like?
- Good faith bargaining under the Fair Work Act
- The enterprise agreement making process – step-by-step
- Fair Work Australia’s involvement in agreement making (scope orders, bargaining orders, assessment of enterprise agreements, undertakings)
- Strategic advantages of making an enterprise agreement