Enterprise Bargaining Agreement
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Enterprise Bargaining Agreement
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves. By definition, an agreement, is the outcome of a ''negotiation'', and a ''decision'', involving multiple ''parties''. (See Fair trade) On the one hand, collective agreements, at least in principle, benefit employers, as they allow for improved "flexibility" in such areas as ordinary hours, flat rates of hourly pay, and performance-related conditions. Whilst collective agreements may, on the other hand, benefit ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry-wide agreement. A collective agreement functions as a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and em ...
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Prices And Incomes Accord
The Prices and Incomes Accord was an agreement between the Australian Council of Trade Unions and the Australian Labor Party government of Prime Minister Bob Hawke and Treasurer (later Prime Minister) Paul Keating in 1983. Employers were not party to the Accord. Unions agreed to restrict wage demands and the government pledged to minimise inflation. The government was also to act on the social wage. At its broadest this concept included increased spending on education as well as welfare. This was seen as a method to reduce inflation without reducing the living standards of Australians. At the beginning of the Accord, only one union, the New South Wales Nurses Federation, voted against the Accord. The Accord continued for the whole period of the Labor government through seven stages including, after 1993, enterprise bargaining. The first Accord secured for all workers a 4.3% pay rise (September 1983), a 4.1% pay rise (April 1984), and a deferred 2.6% pay rise over the initi ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Sectoral Collective Bargaining
Sectoral collective bargaining is an aim of trade unions or labor unions to reach a collective agreement that covers all workers in a sector of the economy. It contrasts to enterprise bargaining where agreements cover individual firms. Generally countries with sectoral collective bargaining have higher rates of union organisation and better coverage of collective agreements than countries with enterprise bargaining. Coverage by country Countries that have sectoral collective bargaining have significantly higher rates of coverage than those with enterprise or individual workplace bargaining.SeCollective bargaining coverage from worker-participation.eu/ref> United Kingdom While sectoral bargaining used to be standard in the UK, enterprise bargaining was advocated by the 1968 report of the ''Royal Commission on Trade Unions and Employers' Associations'' chaired by Lord Donovan. United States Sectoral bargaining was promoted by the National Industrial Recovery Act of 1933, but struc ...
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Collective Bargaining
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. The union may negotiate with a single employer (who is typically representing a company's shareholders) or may negotiate with a group of businesses, depending on the country, to reach an industry-wide agreement. A collective agreement functions as a labour contract between an employer and one or more unions. Collective bargaining consists of the process of negotiation between representatives of a union and em ...
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States Of Australia
State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our State'', a monthly magazine published in North Carolina and formerly called ''The State'' * The State (Larry Niven), a fictional future government in three novels by Larry Niven Music Groups and labels * States Records, an American record label * The State (band), Australian band previously known as the Cutters Albums * ''State'' (album), a 2013 album by Todd Rundgren * ''States'' (album), a 2013 album by the Paper Kites * ''States'', a 1991 album by Klinik * ''The State'' (album), a 1999 album by Nickelback Television * ''The State'' (American TV series), 1993 * ''The State'' (British TV series), 2017 Other * The State (comedy troupe), an American comedy troupe Law and politics * State (polity), a centralized political organizat ...
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Workplace Relations Act 1996
The ''Workplace Relations Act 1996'' was an Australian law regarding workplace conditions and rights passed by the Howard government after it came into power in 1996. It replaced the previous Labor Government's ''Industrial Relations Act 1988'', and commenced operation on 1 January 1997. In 2005, the Howard government passed the '' Workplace Relations Amendment Act 2005'' which came into effect on 27 March 2006 and substantially amended the original Act, bringing in the ''WorkChoices'' changes to Australian labour law. The Act was repealed on 1 July 2009 by the ''Fair Work Act 2009'' passed by the Rudd Labor Government, and superseded by the ''Fair Work (Registered Organisations) Act 2009''. Provisions The Act provided for the continuation of the existing federal award system which provided a minimum set of terms and conditions for employment. It kept the previous Australian Industrial Relations Commission, which continued to determine federal awards but whose determinations ...
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WorkChoices
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the ''Workplace Relations Act 1996'' by the ''Workplace Relations Amendment (Work Choices) Act 2005'', sometimes referred to as the ''Workplace Relations Amendment Act 2005'', that came into effect on 27 March 2006. In May 2005, Prime Minister John Howard informed the Australian House of Representatives that the federal government intended to reform Australian industrial relations laws by introducing a unified national system. ''WorkChoices'' was ostensibly designed to improve employment levels and national economic performance by dispensing with unfair dismissal laws for companies under a certain size, removing the "no disadvantage test" which had sought to ensure workers were not left disadvantaged by changes in legislation, thereby promoting individual efficiency and requiring workers to submit their certified agreements di ...
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Australian Labour Law
Australian labour law concerns Commonwealth, state, and common law on rights and duties of workers, unions and employers in Australia. Australian labour law (also known as industrial relations law) has a dual structure, where some employment issues and relationships are governed by Commonwealth (the Australian federal government) laws, and others are governed by state and territory laws or the common law. It shares a heritage with laws across the Commonwealth of Nations, UK labour law and standards set by the International Labour Organization, the Australian legislature and courts have a built a comprehensive charter of rights at work. Constitutional basis The conciliation and arbitration power of the Commonwealth was originally based on Section 51(xxxv) of the Constitution of Australia, which provides: :"The ommonwealthParliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ::(xxxv ...
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Three Certified Agreements Case
{{Infobox court case , name=Three certified agreements case, court=Australian Industrial Relations Commission , image=Coat of Arms of Australia.svg , date decided=21 March 2005 , full name=Re: Rural City of Murray Bridge Nursing Employees, ANF (Aged Care) – Enterprise Agreement 2004 (18 March 2005 PR956575). , citations= PR956575, Judges= Guidice, Lawler, Ross, prior actions=', subsequent actions= none , opinions= The case determined what did and did not pertain. It concluded: *Trade union right of entry "pertains to the relationship between employer and employee". *Salary sacrifice "pertains to the relationship between employer and employee". *Setting conditions for employees of labour hire "pertains to the relationship between employer and employee". *Recognition of delegates "pertains to the relationship between employer and employee". *Payroll deductions for union dues "do not pertain to the relationship between employer and employee". * Trade union training lea ...
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Australian Industrial Relations Commission
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 (and equivalent earlier legislation) that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers. History Commonwealth Court of Conciliation and Arbitration and the ''Boilermakers'' decision The Commonwealth Court of Conciliation and Arbitration, a court created in 1904 to hear and arbitrate industrial disputes, and to make awards, was abolished in 1956 following the decision of the High Court in '' the Boilermakers' case''. The High Court held that the Court of Conciliation and Arbitration, as a tribunal exe ...
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Electrolux V AWU
''Electrolux v The Australian Workers' Union'' was a 2004 decision by the High Court of Australia that held that a bargaining agent fee did not pertain to the relationship between employer and employee and so could not be included in an enterprise bargaining agreement.. Background The case dealt with whether bargaining agent's fees could be in an enterprise bargaining agreement as created by the ''Workplace Relations Act (Cth) 1996''. Bargaining agent's fees were politically contentious as they were seen as a form of compulsory union dues. They were expressly prohibited by the Parliament of Australia by the Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003 No. 20, 2003 and then subsequently by the WorkChoices legislation. Decision The High Court decided 6 judges to 1 (Kirby J dissenting) that only matters that "pertained to the relationship between employer and employee" could be placed in an enterprise bargaining agreement. Bargaining agent's fees ...
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