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Enterprise agreements

As of 1 January 2010, this information only applies to the state public sector (including most Government Business Enterprises) and local government entities. For further information please refer to Industrial Relations.

Enterprise Agreements can be made under state or federal legislation. Only Agreements made under the South Australian Fair Work Act 1994 are dealt with by SafeWork SA.

Enterprise Agreements provide the opportunity to introduce changes relating to wages, working conditions and productivity improvement measures as an alternative to industry-wide awards. They also provide the opportunity to give recognition to many existing workplace arrangements.

An agreement can be negotiated by an employer:

  • giving 14 days notice of their intention to commence negotiations
  • advising employees of their rights and access to awards and
  • advising any association with members

Negotiations can involve:

  • the whole workforce
  • employers or employees representatives or committees
  • associations or agents may also be involved

Once an agreement has been reached it must:

  • be in writing
  • meet the requirements of the Act and
  • have the support of the majority of employees

Application is then made to the Industrial Relations Commission within 21 days of the agreement being signed by the employees or their representatives. The agreement can be approved by the Commission for a maximum of 3 years, if it meets a 'not inferior' test.

Links

Guide to Enterprise Agreements in South Australia
South Australian Employment Tribunal

Industrial Relations Court and Commission
South Australian Employment Tribunal

Fair Work Ombudsman
for information about Australian Workplace Agreements (formerly Office of the Employment Advocate)