The Fair Work Act has been amended to include a ‘cooperative bargaining’ option which allows a number of employers to voluntarily enter into a joint enterprise agreement.
The Secure Jobs, Better Pay legislation has amended the Fair Work Act (2009) to amend the existing muti-employer bargaining stream to what is now called the Cooperative Workplaces Bargaining stream. Involvement in this stream is voluntary.
This stream is available to employers of any size with both employee and employers having access to the Fair Work Commission for bargaining assistance. The change will make it easier for small employers with limited resources to bargain for an Agreement.
To utilise this bargaining approach employers can group together with other employers. Some employees involved must be represented by a union. The Agreement must be approved by the majority of employees of each of the participating employers. The Agreement must also pass the BOOT test as per the Fair Work standard Enterprise Agreement approaches.
Additional employers can choose to opt in to an existing (Fair Work approved) cooperative agreement if the majority of those employees agree via a vote.
There is no option for protected industrial action under this system. The Fair Work Commission can assist if all parties agree.
I’m not sure why an employer would choose to go through this process to join a cooperative scheme when all they need to do is determine their own employment conditions which must be at least at (or above) the Award or the NES. It’s almost an oxymoron – ‘cooperative-bargaining’.
These changes are effective from 6 June 2023
Hunter Employee Relations is able to assist employers with the negotiation or replacement of their Enterprise Agreement.
Give me a call anytime to talk it through.
Kind Regards
Michael Schmidt
M 0438 129 728
www.hunteremployeerelations.com.au
Industrial Relations - Employment Law - Workplace Performance
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