This document provides an overview of enterprise agreements and collective bargaining in Australia. It discusses why employers may want to engage in collective bargaining, the different types of bargaining environments, the importance of communication and employee voting, negotiating tactics, and good faith bargaining requirements. The presentation aims to help employers understand the bargaining process and effectively negotiate enterprise agreements with unions and employees.

1. Enterprise Agreements &
Collective Bargaining
Workplace Relations and Employment
Team of the Year
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Everything you need to know about

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Presenters
2
Michal Roucek
Senior Associate
Nigel Ward
CEO + Director

3. Key Insights
• Why – before you start
• Bargaining environment
• Communication and voting
• Bargaining path and key tactical issues
• Negotiation basics
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4. Why- before you start
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5. Never forget why you
are bargaining
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• Need to legalise something
• Union compulsion
• Always done it – culturally hard to
stop
• Locking-in directly with employees to
defend how you work
• Must have rights settled for a period
of time (e.g. project, major
commercial exposure etc)
• Create a common employment
platform (rather than rely on
different modern awards)

6. Some poor justifications
• The HR Manager wants it on their CV
• It will make the life of Payroll easier
• Administrative convenience
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7. Why is this important?
1. Moving to collectively bargain can impact an
employees understanding of the
individual/personal nature of their employment
relationship
2. Once started it is hard to stop
3. Once something is in an EA it is hard to change
4. Bargaining increases potential for union (and
third party) involvement in your business
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8. Industrialising the
employment relationship
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Vs
1. Money before agility to change
2. Agility to change before right to manage
3. Never right to manage
Polices, WHS, Discrimination, Internal procedures, recruitment,
perfromance management

9. Discovering the
problem is outside the EA
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Step 1
• (Assuming no compliance issues) introduce
change culturally through engagement and
consultation
Step 2
• If culture is not supportive direct change if
you have the legal right
Step 3
• If culture is not supportive and you do not
have the legal right then bargain / negotiate

10. You need to understand the
environment you bargain in!
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• Pattern Bargaining
• Transactional Bargaining
• Relational Bargaining
• Process Driven Bargaining
Types of bargaining

12. The negative Bargaining Cycle
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0
20
40
60
80
100
120
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
Entering
Bargaining
Period
Entering
Bargaining
Period
Bargaining
Period
Rebuilding
After
Bargaining
Period
Rebuilding
After
Bargaining
Period
Bargaining
Period
Stabilisation
Stabilisation

13. The big six
• Inclusive values based leadership in senior management
• Effective direct supervision (style and structure) –
managers confident to manage
• Open and direct communication ensuring clear and
unfiltered transfer of information up and down
• Employee development, skills, communication, problem
solving etc
• Effective internal welfare issues resolution processes
• Sound performance management (the good and the bad)
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14. Communication and voting
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15. Communication
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• Long lead
communication
• Bargaining process
education
• Key messages
• Effective employee
communication during
the bargaining process

16. It’s that time again we best get
started
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Tell the employees we are poor Tell the employees we love them

17. The game is about 1 thing –
winning a vote
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18. What are Enterprise Agreements
‘voted up’?
• Outcome culturally accepted as a ‘given’
• Bought (rented)
• Forced (economic pressure or crisis)
• Rationally debated and reasoned
• The voters are told to (union says “yes”)
• Arbitration
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19. What or Who can influence a
“no” or “yes”
• Better information
• Directly engaging with employees to ensure they
understand the proposal
• More time to reach acceptance
• Changing the proposal
• Defending against a period of industrial action to allow
employees to understand your commitment to the
proposal
• Third party recommendation – union or industrial tribunal
• The personal endorsement of a trusted manager
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20. Bargaining path
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21. The Bargaining Path
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Employer
agrees to
bargain
or
initiates
Employer
refuses
to
bargain
Majority
Support
Determinati
on
Protected
Action
Ballot
Employer
issues
bargaining
rights
notice
Bargaining
Representatives
Appointed
Good faith
bargaining
Agreement
made
GFB
orders
Serious
breach
order
Arbitrated
Workplace
determination
Negotiations
stall
Scope
orders
Vote to
approve
Agreement
Expires
FWC
approval
FWC or third
party
assistance
Protected
Industrial
Action
Applications
to Suspend
or
Terminate
Arbitrated
Workplace
determination

22. Bargaining Representatives
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Admin or
Key
Tactical
Issue?

23. Good Faith Bargaining
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Process based
Not about reasonableness of
claims

24. Making an Agreement –
Tactical?
1. Do the Bargaining Representatives need to
make an agreement in principle?
2. When can we ask for a vote?
3. Who determines how we vote?
4. What is the best method of voting?
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25. Negotiation basics
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26. Like Chess – opening, middle
and an end
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•Setting
Parameters
•Tone/messages
•Document Control
•Winning the Vote
•Losing
•Tribunal
Assistance
•Giving up on an
EA
•High Ground
•Pressure
•Communication
•Fatigue
Tempo Tempo Tempo
Building a
sound
opening
Seeing the
moment to
move to
close

27. The Basics
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• Who is going to negotiate
• Bargaining meeting rules
• Preparing for each meeting
• Debriefing
• Controlling the paper work
• Corporate Rules
• Corporate Stakeholders

29. Contact us
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NEWCASTLE
Suite 402, Level 4
Watt St Commercial Centre
Newcastle NSW 2300
Phone : 02 9458 7005
www.ablawyers.com.au
BRISBANE
10 Felix St
Brisbane QLD 4000
Phone : 02 9458 7005
www.ablawyers.com.au
SYDNEY
10/140 Arthur St,
North Sydney
NSW 2060
Phone : 02 9458 7005
www.ablawyers.com.au
Nigel Ward,
CEO + Director
Nigel.ward@ablawyers.com.au
Michal Roucek
Senior Associate
Michal.roucek@ablawyers.com.au