Enterprise Bargaining Agreement


KMIR has been specialising in enterprise bargaining for our clients since 1994.  We can advise you on the pros and cons of enterprise bargaining in general; the challenges, the triumphs and the pitfalls.  Enterprise bargaining is hard and difficult – we will not lie to you.  However currently collective bargaining is promoted as an objective of the Fair Work Act, so all employers need to understand what the options are.

Because of our extensive experience in enterprise bargaining, we can advise your business on how best to prepare for enterprise bargaining to ensure a good result and to reduce risks (which can be very significant.)

KMIR can advise, assist with and actively participate in all aspects of negotiations with trade unions and employees.

KMIR also provides group training and coaching services for enterprise bargaining negotiating teams.

We offer technical advice and assistance at every stage of the enterprise bargaining process including:

  • advice on statutory requirements for notices to employees re bargaining and representational rights
  • advice on how negotiations should be conducted
  • advice on how EBA committees should be organised and who should (and should not) be on them.  For example, your Chief Financial Officer should be part of the management team.  It is very useful for CFOs to fully understand the EBA bargaining process by standing knee deep in it.
  • drafting and re-drafting of the enterprise agreement as negotiations reach settlement on items
  • drafting employee communiques, meeting minutes  and correspondence to unions throughout the process
  • bargaining in good faith requirements
  • dealing effectively with threats of protected industrial action
  • dealing with unlawful industrial action such as pickets
  • dealing with unlawful right of entry practices by trade unions
  • advising on best practice methods for employee voting and managing that process at all stages
  • drafting all supporting documentation for submission to Fair Work Commission for approval
  • advocacy/representation for employers in Fair Work Commission in seeking approval for enterprise agreements.
  • interpretation of the muddled, ambiguous or apparently conflicting clauses of existing enterprise agreements and how and if those clauses relate to underpinning awards.
  • research and advice on enterprise agreements of competing firms in your sector or industry
  • seeking variations or terminations of existing enterprise agreements.

Enterprise bargaining is a complex process which most HR managers may only do once or twice or sometimes not at all in their careers.  All employers need expert, highly experienced assistance in this areas – please call Katrina Murphy to discuss your situation and your requirements.

For further advice and information on this topic, refer to the ‘Articles’ section of the KMIR website.