Understanding Enterprise Bargaining

What Is Enterprise Bargaining?

Enterprise bargaining is a formal negotiation process where an employer and its employees (or their representatives) negotiate an enterprise agreement.

An enterprise agreement is like a big collective contract of employment that binds both parties, as certified and regulated by an industrial regulator. 

These agreements set out terms and conditions of employment including pay rates, hours, leave, and other entitlements.

Not every employer or person is covered by an enterprise agreement, these must be:

1. Agreed between employees and employers; and then

2. Certified by the relevant authority.

Certified Agreements and Enterprise Agreements are generally the same thing, although Certified Agreements are usually a state-based agreement. Also an EA (Enterprise Agreement) and  EBA (Enterprise Barganing Agreement) are the same thing, just different terminology.

Who is my industrial authority? 

The industrial authority that certifies enterprise agreements depends on your sector and jurisdiction: 

• Private Sector = Fair Work Commission: 
  • If you work for a private employer (often called a "National Systems Employer")
  • that is not a State or Territory Government Department, then 
  • enterprise agreements are almost always regulated listed at the Fair Work Commission website. 
• Public Sector: Depending which Government you work for, your agreements might have a different name (e.g. "Certified agreement") and be regulated by a different authority – 
  • Federal Government Agency = Fair Work Commission
  • Victorian Government = Fair Work Commission (see also the Victorian Public Service Enterprise Agreement 2024 and their common policies)
  • Queensland Government = Queensland Industrial Relations Commission
  • NSW Government = Industrial Relations Commission of NSW
  • Tasmanian Government = Tasmanian Industrial Commission
  • SA Government = South Australian Employment Tribunal
  • WA Government = Western Australian Industrial Relations Commission
  • Northern Territory Government = Fair Work Commission (mirrored at the NT Office of the Commissioner for Public Employment)
  • ACT Government = Fair Work Commission (mirrored by ACT Public Sector)
• Exceptions: Very rarely, a private employer might have an enterprise agreement certified with a State-based industrial relations commission, for example
  • when they primarily exist to satisfy a State Government contract (e.g. City Parklands Services Pty Ltd with QIRC); or
  • historical agreements from before the Fair Work Act 2009 like in WAIRC. 

If unsure, you can always contact the Hotline

Is Red Union, and its affiliates, different from the legacy unions?

Yes, we are different.

• Because none of Red Union and its affiliates are (yet) registered employee organisations,

• they don't automatically get the right to negotiate on employees' behalf (i.e. don't get an automatic seat at the table like other unions might).

Also, since we serve members Australia wide across industries –

• we cannot guarantee representation or bargaining agents appointed for everyone, and so

• often prioritise based on the number of members covered by the agreement (usually guaranteed when member count is greater than 10). 

Important notes on coverage:

• While the Fair Work Commission's jurisdiction (e.g. Victoria, Private Employers) allow you to appoint a bargaining agent of your choosing.

• Some State jurisdictions such as Queensland and New South Wales may make bargaining exclusive to certain organisations (under the current rules).

• We employ industrial agents registered in South Australia and Western Australia who bargain for members in those States.

How does my red union bargain? 

Red Union employs and partners with bargaining agents with extensive experience on negotiating enterprise agreements on behalf of members.

These people are appointed industrial officers of your association for the purpose of bargaining where available. They can:

• Advise you on your rights during bargaining.
• Write on behalf of employees collectively in enterprise bargaining negotiations.
• Survey members collectively.
• Attend bargaining sessions on your behalf (where allowed).
• Assist in organising industrial action (where lawful). 
• We help you understand proposed agreements before you vote.
• Provide access to an experienced bargaining agent, to ask questions.

Bargaining is coming up, what do I do?

If:

• your workplace is entering a bargaining period, or

• you have received a bargaining notice, or

• have gathered enough support in your workplace for a new enterprise agreement

submit an enterprise request form so we can assist you – or contact our Hotline for more help.

Option A – Make a Bargaining Request Form (preferred)

• Log in to your Member Portal at member.redunion.com.au (AU) or member.unions.co.nz (NZ) using your current member email address and mobile phone for verification.

• On the portal dashboard:

  • Navigate to "Need help?" section->

  • Click on the "Enterprise Bargaining Request" card -> 

  • Answer all required questions ->

  • Press submit. 

Important: Enterprise bargaining matters may be escalated to our specialist industrial team for handling.

Option B – Contact Hotline

If you have more questions or can't lodge the bargaining request form, our team can help:

• Call us on our 24/7 Member Support Hotline – 1300 263 374.
• Send us an email to hotline@redunion.com.au.
• Start a Live Chat during business hours and insist on a human.
• Use the hotline's SMS number (if you've been provided it). 

Always refer to up-to-date information

This article may not be updated for sometime, please let us know if there are any inaccuracies so we can correct the information, you can contact the hotline + mark this article unhelpful to help us keep this updated – to best help fellow Australian workers.