Looking for your enterprise agreement?
To find your enterprise agreement go to the Fair Work Commission Agreements Finder.
If you need help understanding your enterprise agreement contact us.
What's an agreement?
Agreements set out the conditions of employment between:
- specified employees in a workplace
- their employer/s.
From 1 January 2010, enterprise agreements can only be made between employees and employers (except for a greenfields agreement which is made between a union/s and employer/s). Employees are entitled to be represented in agreement negotiations. The union is the default bargaining representative for union members and can apply to be "covered" by agreements which it bargained for.
Other types of agreements made previously under the Workplace Relations Act 1996 cover the conditions of individual employees, or a group of employees. These include:
- collective agreements
- AWAs (Australian Workplace Agreements)
- ITEAs (Individual Transitional Employment Agreements).
Those agreements made prior to 1 January 2010 will continue operating until they are terminated or replaced. No new individual agreements can be made after 1 January 2010.
Enterprise agreements can be made by an employer with a group of employees, or (in particular circumstances) by more than 1 employer with a group of employees.
Enterprise agreements can also be made by an employer and one or more unions for a genuine new enterprise before any employees that would be covered by the agreement are employed. These agreements are called greenfields agreements.
Agreements made prior to 1 January 2010
Any agreement made prior to 1 January 2010 remains in force until it is replaced by another agreement or terminated. Some of these agreements are individual agreements, called ITEAs and AWAs. If the employer agrees, it is possible for an employee to be involved in negotations for an enterprise agreement even if the nominal expiry date of their individual agreement has not passed. If the nominal expiry date has passed, the employee is entitled to bargain for an enterprise agreement. The wage rates in any agreement (regardless of when it was made) cannot fall below the rates in the relevant Modern Award.
Note: It has not been possible to make a new ITEA or AWA since at least 1 January 2010.