The Fair Work Commission now has powers to correct any errors in enterprise agreements, either using its own discretion or through an application from an employer, employee or union that is covered by the agreement.

For new agreements – in some limited circumstances, employees can initiate the bargaining process by writing to their employer or through a bargaining representative. Further, the FWC, upon request, can make a ‘bargaining order’ to initiate the process, even if the employer has refused to agree to the bargaining.

There are now changes to termination of an enterprise agreement (EA) before their nominal expiry date- if the FWC is satisfied that any one of the following reasons are met, it must terminate an EA. There are also other considerations it will have to take in its decision, including the views of all parties involved (the employer/s, employees, any unions covered). Note that these changes apply to applications already before the FWC and new applications.

Checklist: Just be aware that there’s some significant changes being introduced to the EBA process, the above is just the tip of the iceberg! Now would be a good time look into your EBAs – or your plans to start a new one – reach out to a consultant to chat next steps and get ahead of the game.

Difficult conversations are rarely a ‘one and done’ affair. To create effective change and really resolve an issue, following up is essential. It might also be beneficial to discuss with the other party what following up might look like, to get their involvement in finding a resolution and for it to seem more like you’re working together to find it instead of giving the impression of it being a solely punitive affair.