What is the difference between EBA and EA?
A. Enterprise Agreement Features What is an enterprise agreement (sometimes called an EBA)? An enterprise agreement (“EA”) is a legislatively sanctioned agreement between an employer and a group of employees which takes the place of an applicable industrial award during its life.
What is my enterprise agreement?
An Enterprise Agreement (EA) is an agreement between an employer and a group of employees that provides terms and conditions of employment, for example rates of pay, including some mandatory terms such as flexibility and consultation provisions, and dispute resolution processes.
What is the difference between award and enterprise agreement?
Awards apply to employers and employees depending on the industry they work in and the type of job worked. Awards don’t apply when an employer has an Enterprise agreement in place. Enterprise agreements set out minimum employment conditions and can apply to one business or a group of businesses.
Does a contract override an EBA?
An employment contract cannot allow an employer to exercise a power that is inconsistent with an enterprise agreement. Further, where a condition of an employment contract is less favourable than those in an enterprise agreement, the enterprise agreement will override the contract.
What Cannot be included in an enterprise agreement?
An enterprise agreement cannot include any unlawful content. This includes: a discriminatory term. an objectionable term (which are terms that require or allow payment of a bargaining services fee, or a contravention of the general protections provisions of the Fair Work Act 2009)
Can you opt out of an enterprise agreement?
An opt-out clause allows an employee to choose not to be covered by an enterprise agreement and have their terms and conditions regulated by individual contracts. Opt-out clauses have caused considerable controversy because they are said to undermine the notion of collective bargaining itself.
Does legislation override enterprise agreement?
29 of the Act states that an enterprise agreement prevails over a law of a State or Territory, to the extent of any inconsistency.