Are there any new rules relating to enterprise agreements?
Yes. The Fair Work Act has changed many of the rules relating to Enterprise Agreement making and compliance with the new rules is essential. You should note the following: • Bargaining which began before 1 July but which was not finished by that date must start again and is subject to the new Fair Work laws • If you ‘made’ an Enterprise Agreement before 1 July 2009 but did not lodge it for approval before that date, you will only have until 1 October 2009 to lodge this with the Workplace Authority. • Agreements finalised between now and December 31 2009 will be assessed by Fair Work Australia against the ‘No Disadvantage Test’. From 1 January 2010, the new ‘Better Off Overall Test’ will apply. • Existing Enterprise Agreements will remain valid until their expiry. However, the 10 new National Employment Standards will commence operation from 1 January 2010 and, where the National Employment Standards are more generous than those set out in an existing Enterprise Agreement, the National
