This Part is about enterprise agreements. An enterprise agreement is made at
the enterprise level and provides terms and conditions for those national
system employees to whom it applies. An enterprise agreement can have terms
that are ancillary or supplementary to the National Employment Standards.
Division 2 deals with the making of enterprise agreements about permitted
matters. An enterprise agreement (including a greenfields agreement) may be a
single-enterprise agreement or a multi-enterprise agreement.
Division 3 deals with the right of employees to be represented by a
bargaining representative during bargaining for a proposed enterprise
agreement. It also sets out the persons who are bargaining representatives for
Subdivision A of Division 4 deals with the approval of proposed
enterprise agreements by employees and sets out when an enterprise agreement
Subdivision B of Division 4 deals with the approval of enterprise
agreements by the FWC. The remaining Subdivisions of the Division deal with
certain approval requirements, including in relation to genuine agreement by
employees and the better off overall test.
Division 5 deals with the mandatory terms of enterprise agreements
relating to individual flexibility arrangements and consultation requirements.
Division 6 deals with the base rate of pay under an enterprise agreement.
Division 7 deals with the variation and termination of enterprise
Division 8 provides for the FWC to facilitate bargaining by making
bargaining orders, serious breach declarations, majority support
determinations and scope orders. It also permits bargaining representatives to
apply for the FWC to deal with bargaining disputes.
Division 9 provides for the making of low-paid authorisations in relation
to proposed multi-enterprise agreements. The effect of such an authorisation
is that specified employers are subject to certain rules that would not
otherwise apply (for example, bargaining orders that would not usually be
available for multi-enterprise agreements will be available). It also permits
the FWC to assist the bargaining representatives for such agreements.
Division 10 deals with single interest employer authorisations. The
effect of such an authorisation is that the employers specified in the
authorisation are single interest employers in relation to a proposed
Division 11 deals with other matters relating to enterprise agreements.