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My Workplace » Enterprise Bargaining » eas » An historical look at enterprise bargaining in NSW
An historical look at enterprise bargaining in NSW
Industrial Arbitration Act 1940 Industrial Arbitration (Enterprise Agreements) Amendment Act 1990 Industrial Relations Act 1991 Industrial Relations Act 1996 (Current) Enterprise agreements: Principles for approval December 1996 Process of Making an Enterprise Agreement
Industrial Arbitration Act 1940
| Provided for: |
Section 11 Industrial Agreements |
| Characteristics: |
Agreement between employer and union |
| Duration of: |
Less than 5 years |
| Approval: |
Only requirement was that the agreement be lodged with the Industrial Registrar |
Industrial Arbitration (Enterprise Agreements) Amendment Act 1990
| Provided for: |
Section 11 Industrial Agreements |
| Characteristics: |
Agreement between employer and union, or with a group of employees |
| Duration of: |
More than 3 years |
| Requirements: |
That the agreement be in the public interest, not made under duress, and that the agreement is not unfair, harsh or unconscionable |
| Approval: |
Commissioner for Enterprise Agreements to provide advice to parties and that agreements be lodged with the Industrial Registrar |
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Industrial Relations Act 1991
| Provided for: |
Enterprise Agreements |
| Characteristics: |
Agreement between employer and union, a group of employees, or a consultative committee |
| Duration of: |
Between 12 months and 3 years |
| Requirements: |
A set of minimum conditions: -1 week sick leave -rates of pay not less than the ordinary hourly rates of pay -40 hour week -comply with various Acts of Parliament (Long Service Leave, Annual Holidays Act) |
| Approval: |
Approved by the Industrial Registrar. Requires that the Commissioner for Enterprise Agreements be satisfied that the parties understand the provisions of the Agreements compared to the Awards |
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Industrial Relations Act 1996
| Provided for: |
Enterprise Agreements |
| Characteristics: |
Agreement between employer and union, or a group of employees |
| Duration of: |
Between 12 months and 3 years |
| Requirements: |
No net detriment. That employees will not be worse off under the enterprise agreement compared to the Award(s). Approval based on the agreement meeting the requirements of the Act and Principles for Approving Enterprise Agreements established by a full bench of the NSW Industrial Commission. |
| Approval: |
Approved by the NSW Industrial Relations Commission |
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