Want to seize control of your employment arrangements? Unfamiliar with concepts such as good faith bargaining, compulsory arbitration and the “Better Off Overall” test? With new significant civil penalties contained in the Fair Work Act 2009 (Cth) and greater scrutiny by the Fair Work Commission, it pays not to risk ‘going it alone’ with enterprise bargaining. 

That’s where we come in. Our Wizards have years of experience in enterprise bargaining agreements, and they know how to ensure the EBA process is smooth from beginning to end. Plus, with fixed fees and no need for a lawyer, you won’t be hit with expensive legal bills.

enterprise bargaining agreement

What is an Enterprise Bargaining Agreement (EBA)?

Enterprise bargaining is the negotiation process between management, employees and their bargaining representatives (say, a trade union official) with the goal of striking terms for an enterprise agreement (EBA). An EBA is a document registered with the federal employment tribunal setting out the terms and conditions of employment between a group of employees and their employer. 

Before their introduction, there were various types of collective and individual workplace agreements. To simplify the system, it was revised to place everything under the banner of ‘enterprise agreement’. This made it far easier to both negotiate and keep track of everything that was agreed upon. The terms are negotiated by involved parties collective bargaining in good faith. Once every party is happy with the conditions set out, the proposed enterprise agreement is set and all involved will be held accountable should the terms be brought up again.


With significant civil penalties in the Fair Work Act 2009 (Cth), you need experience on your side of the table when it comes to enterprise bargaining. 

Doing the work up front with us will prepare your management team for an efficient, productive, and focused EBA negotiation. Our structured and organised planning will save countless hours and tens of thousands of dollars during the negotiation itself.

enterprise bargaining


Workplace Wizards can help you negotiate an EBA that suits both parties – flexible, efficient, and cost-effective while giving staff ample incentive to boost productivity. 

Our advisors have many years of industry-specific bargaining experience across construction, manufacturing, warehousing, retail, education, health, and social and community services.

Whether you need us at the negotiating table or just as a trusted advisor, we can help.

Contact us

Get in contact with us for a FREE no-obligation 20-minute discussion about your workplace requirements.

Enterprise Bargaining Agreement FAQs

Everything you need to know about conducting the negotiation process for enterprise bargaining is covered in the Fair Work Act (2009). It provides a clear and flexible structure to ensure employers and employee representatives (usually Trade Unions) can conduct the negotiation process and ensure all parties get a fair say.

This includes:

  • bargaining in good faith
  • topics of discussion for enterprise agreements
  • how an agreement is made and approved
  • and more.
The process begins with an employer informing their employees of their right to a bargaining representative. Every employee that will be covered by the enterprise agreement should be notified. Additionally, they must be informed as soon as possible no later than 14 days after the notification time for the agreement.

There is a set list of people that can be bargaining representatives for an enterprise agreement. These are: 

  • an employer that will be covered by the agreement
  • a representative appointed by an employer
  • an employee that will be covered by the agreement
  • a representative appointed by an employee, or
  • a union (by default if an employee is a member).

(See Fair Work Act 2009 ss.176–177)
It’s important to establish bargaining representatives as early as possible. This is because bargaining representatives are responsible for negotiating the enterprise agreement, and if parties that are affected by the agreement aren’t involved in the process, they may have grounds for objections later.

What’s the difference between a modern award and an enterprise agreement?

A modern award is a different legal document that outlines the minimum terms and conditions that an employer must offer their employees. It’s a baseline for an employment contract, and while many employers use a modern award to set out terms and conditions, they’re not always the best option. An enterprise agreement is always negotiated on between the employer and employees, allowing both parties to bargain for better terms than what’s set out in a modern award. 

Enterprise agreements are more specific, more flexible, and cannot offer less than what is specified within the base standards stipulated by the National Employment Standards. This makes them an excellent tool for fairness in employment.

What are the key terms in an enterprise agreement?

To ensure everything is covered, there are several terms that are mandatory in all enterprise agreements. These are:

  • a coverage term;
  • a nominal expiry date;
  • a flexibility term;
  • a consultation term;
  • a dispute settlement term.

Visit the Australian Fair Work Commission website for more information on these terms.

enterprise bargaining agreement eba

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