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Get Ready for the Future of Workplace Bargaining!

With the introduction of the Secure Jobs Better Pay Act, Closing Loopholes Act, and Closing Loopholes No. 2 Act, the way employers and employees negotiate and finalise agreements is evolving. Here’s a breakdown of what you need to know:

1. Delegates’ Rights Term

Starting 1 July 2024, all agreements must include a delegates’ rights term, ensuring workplace delegates have the rights outlined in section 350C of the Fair Work Act 2009 (Cth). If the term in your agreement is less favourable than that in a modern award, the award term will apply.

2. Genuine Agreement Changes

Effective from 6 June 2023, new principles ensure that employees genuinely agree to enterprise agreements. Employers must follow a Statement of Principles to confirm that employees have a sufficient interest and are representative of the agreement's coverage.

3. Better Off Overall Test (BOOT)

For agreements made on or after 6 June 2023, the BOOT is getting a makeover! The Commission can amend or reconsider agreements to ensure they pass the BOOT, considering an assessment of whether employees are better off under the enterprise agreement than the modern award.

4. Multi-Enterprise Agreements

From 6 June 2023, there are three types of multi-enterprise agreements:

  • Supported bargaining agreements

  • Single interest employer agreements

  • Cooperative workplaces agreements

Before requesting a vote on a multi-enterprise agreement, employers need written agreement from all relevant employee organisations or a voting request order from the Commission.

5. Transitioning Agreements

Starting 27 February 2024, employers can transition from a supported bargaining agreement or a single interest employer agreement to a single enterprise agreement before its nominal expiry date. Written agreement from all relevant employee organisations or a voting request order is required before requesting a vote.

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