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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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Date Created: 16 April 2004
Last Reviewed : 28 November 2004
 
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