insert business name>
ENTERPRISE AGREEMENT
(National System Employers)
Dated the <insert day>day of <insert month<insert year>
BETWEEN:
insert employer name>[the employer] and all the employees [or a group of employees so long as the group is identified] engaged in the <insert sector> farming industry [this can be mixed farm/cropping/ etc. if relevant]at <insert location of property/ies.
1Commencement and Duration of the Agreement
1.1This agreement will take effect 7 days after the Fair Work Commissionapproves the agreement.(1)
1.2This agreement will have a nominal expiry date of four years from the date of approval.(1.1)
2No Further Claims (2)
Employees covered by this agreement will not pursue any further claims relevant to the relationship of employer and employee whether dealt with in the agreement or not during the life of this agreement.
3Award
In this agreement, references to the award are to the <insert award title>. (3)
4Probation (4)
4.1New employees will be on probation for the first three months of engagement.
4.2The purpose of the probation period is to enable the employer and the employee to assess their suitability and capability to work together.
4.3During the probation period the employer or the employee has the right to terminate the employment with a week’s notice for any reason and without any repercussions.
4.4At the end of the probation period the employee will automatically become a permanent employee.
5Categories of Employee (5)
Employees will be engaged as either:
- full-time permanent employees, or
- part-time permanent employees, or
- casual employees, or
- regular casual employees
and the employer will record this fact in the employment records of each employee.
6Hours of Work (6)
6.1Employees will work an average of 38 hours per week on any day of the week. The hours of work will be averaged over a 12-month period. (6.1)
6.2The employer may at any time require or request an employee to work reasonable additional hours. (6.2)
7Rest Breaks
Rest breaks will be as negotiated between the employee and the employer depending upon operational requirements.
8Personal/Carer’s Leave and Compassionate Leave (7)
“Immediate family” is defined as follows:
a)A spouse, child, parent, grandparent, grandchild or sibling of the employee;
b)A child, parent grandparent, grandchild or sibling of a spouse of the employee.
8.1Full-time permanent employees are entitled to 10 days paid personal/carer’s leave per year for personal injury or illness. Personal/carer’s leave accrues progressively throughout the year and from year to year.
8.2Part-time permanent employees are entitled to paid personal/carer’s leave calculated on a pro-rata basis according to the number of hours worked each week.
8.3Casual employees and regular casual employees are not entitled to paid personal/carer’s leave as the casual loading compensates them for personal/carer’s leave
8.4Full-time and part-time employees can use their personal/carer’s leave as paid carer’s leave for the purpose of caring for a member of the employee’s immediate family or household who requires care or support because of personal injury, illness or an unexpected emergency.
8.5All employees (including casual employees) are entitled to two days unpaid personal/carer’s leave per occasion for the purpose of caring for a member of their immediate family or household who requires care or support because of personal injury, illness or an unexpected emergency.
8.6Full-time and part-time employees are entitled to two days paid compassionate leave per occasion for the purpose of attending the funeral of a member of the employee’s immediate family or a member of the employee’s household or to spend time with a member of the employee’s immediate family or a member of the employee’s household who has a personal injury or illness which poses a serious threat to his or her life. Casual employees are entitled to the same amount of unpaid compassionate leave
8.7The employer may require a medical certificate for any period of personal/carer’s leave or compassionate leave.
8.8Full-time and part-time employees may with the agreement of the employer, cash out any accrued personal/carer’s leave provided personal/carer’s leave of at least 15 days is kept as personal/carer’s leave. Cashed out personal/carer’s leave will be paid at the rate of pay that the employee would have received had they taken the personal/carer’s leave as leave.(7.1)
9Annual Leave (8)
9.1Full-time permanent employees are entitled to four weeks (152 hours) paid annual leave for each year of service with the employer. Annual leave accrues throughout the year and from year to year.
9.2Part-time permanent employees are entitled to annual leave calculated on a pro-rata basis according to the number of hours worked each week.
9.3Casual employees and regular casual employees are not entitled to annual leave as the casual loading compensates them for annual leave.
9.4Employees may with the agreement of the employer, cash out accrued annual leave provided no less than 4 weeks’ annual leave is retained to be taken as annual leave.
9.5Cashed out annual leave will be paid at the rate of pay that the employee would have received had they taken the annual leave as leave. (8.1)
9.6Annual leave loading is not payable as the hourly rate of pay is calculated to compensate employees for this entitlement. (8.2)
10Rates of Pay (9)
10.1The following classifications and rates of pay are applicable to employees covered by this agreement: (9.1)
Category of Employee / Hourly Rate - Minimum Wageinsert category> / $insert remuneration>
insert category> / $insert remuneration>
insert category> / $insert remuneration>
insert category> / $insert remuneration>
insert category> / $insert remuneration>
insert category> / $insert remuneration>
insert category> / $insert remuneration>
10.2Wages will be reviewed annually. Any increase will take into account the employee’s work performance and the financial performance of the employer.
10.3The minimum wage paid under this agreement will at all times not be less than the minimum rate of pay for the relevant classification under the <insert award title>as set by the Fair Work Commissionand adjusted from time to time.(9.2)
10.4Casual employees will at all times receive remuneration which includes a casual loading of not less than the 25% casual loading contained in the <insert award title>. (9.2)
10.5Employees will be paid weekly/fortnightly[delete where not applicable.] in arrears into a bank account nominated by each employee/by cheque/by cash. [delete where not applicable.]
11Public Holidays (10)
Full time employees are entitled to a day’s paid leave for all public holidays. Part time employees and casual employees rostered to work on public holidays are entitled to a day’s paid leave for all public holidays. If the employee works on a public holiday he/she is entitled to be paid at <insert rate as per award[delete if not applicable or compensating employees as part of the BOOT test]
12Community Service Leave (11)
Permanent employees are entitled to 10 days paid jury service leave. All employees are entitled to unpaid community service leave to attend jury service or a voluntary emergency management activity as provided for in the NES. Employees must provide evidence of the need for the leave if required to do so by the employer.
13Long Service Leave (12)
Employees areentitled to long service leave as provided for in the National Employment Standards or state legislation.
14Parental Leave (13)
Employees are entitled to Parental Leave in the form of Maternity, Paternity or Adoption Leave as provided for in the National Employment Standards
15Flexible Working Arrangements (14)
Employees (other than short term casual employees) who have the care of a child under school age or a disabled child under 18 years of age are entitled to make a written request for flexible working arrangements once they have completed 12 months continuous service.
16 Superannuation
The employer will from the date of this agreement make superannuation contributions to a fund nominated by the employee. The superannuation contribution will be not less than that required under the Superannuation Guarantee (Administration) Act.
17Termination of Employment (15)
17.1The following minimum notice periods apply to termination of employment for all eligible employees:
Employee’s period of continuous service with the employer at the end of the day the notice is given / Period1 / Not more than 1 year / 1 week
2 / More than 1 year but not more than 3 years / 2 weeks
3 / More than 3 years but not more than 5 years / 3 weeks
4 / More than 5 years / 4 weeks
17.2If the employee is over 45 years of age and has worked at least two years of continuous service with the employer the period of notice will be increased by one week.
17.3Payment in lieu of notice will be made if the appropriate notice period is not required to be worked.
17.4The period of notice to be given by the employer will not apply in the case of dismissal for serious misconduct that justifies instant dismissal, including conduct which causes imminent and serious risk to the health or safety of a person or the reputation, viability or profitability of the employer’s business; attendance at work under the influence of alcohol or drugs; theft, fraud or assault in the course of employment or refusal to carry out a lawful and reasonable instruction.
17.5Casual employees and seasonal employees are not entitled to notice of termination.
17.6Employees are required to give the employer the same amount of notice as a minimum. This does not include the extra week based on age of the employee. If the employee does not give the employer notice the employer can deduct the amount the employee would have been paid for the notice period from the employee’s termination payments. (15.1)
18Redundancy (16)
In the event of redundancy, the NES and the Fair Work Act will apply.
19Dispute Resolution (17)
19.1If a dispute relates to:
(a)a matter arising under the agreement; or
(b)the National Employment Standards;
this term sets out procedures to settle the dispute.
19.2An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
19.3In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
19.4If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission
19.5The Fair Work Commissionmay deal with the dispute in two stages:
(a)theFair Work Commissionwill first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b)ifFair Work Commissionis unable to resolve the dispute at the first stage, theFair Work Commissionmay then:
(i)arbitrate the dispute; and
(ii)make a determination that is binding on the parties.
19.6While the parties are trying to resolve the dispute using the procedures in this term:
(a)an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b)an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i)the work is not safe; or
(ii)applicable occupational health and safety legislation would not permit the work to be performed; or
(iii)the work is not appropriate for the employee to perform; or
(iv)there are other reasonable grounds for the employee to refuse to comply with the direction.
19.7The parties to the dispute agree to be bound by a decision made by the Fair Work Commissionin accordance with this term.
20Model Flexibility Term (18)
20.1An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a)the agreement deals with 1 or more of the following matters:
(i)arrangements about when work is performed;
(ii)overtime rates;
(iii)penalty rates;
(iv)allowances;
(v)leave loading; and
(b)the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c)the arrangement is genuinely agreed to by the employer and employee.
20.2The employer must ensure that the terms of the individual flexibility arrangement:
(a)are about permitted matters under section 172 of the Fair Work Act 2009; and
(b)are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c)result in the employee being better off overall than the employee would be if no arrangement was made.
20.3The employer must ensure that the individual flexibility arrangement:
(a)is in writing; and
(b)includes the name of the employer and employee; and
(c)is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d)includes details of:
(i)the terms of the enterprise agreement that will be varied by the arrangement; and
(ii)how the arrangement will vary the effect of the terms; and
(iii)how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e)states the day on which the arrangement commences.
20.4The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
20.5The employer or employee may terminate the individual flexibility arrangement:
(a)by giving no more than 28 days written notice to the other party to the arrangement; or
(b)if the employer and employee agree in writing — at any time.
21Model Consultation Term (19)
21.1This term applies if the employer:
(a)has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work of employees.
Major change
21.2For a major change referred to in paragraph (21.1)(a):
(a)the employer must notify the relevant employees of the decision to introduce the major change; and
(b)subclauses (21.3) to (21.9) apply.
21.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.
21.4If:
(a)a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b)the employee or employees advise the employer of the identity of the representative;
the employer must recognise the representative.
21.5As soon as practicable after making its decision, the employer must:
(a)discuss with the relevant employees:
(i)the introduction of the change; and
(ii)the effect the change is likely to have on the employees; and
(iii)measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
(b)for the purposes of the discussion—provide, in writing, to the relevant employees:
(i)all relevant information about the change including the nature of the change proposed; and
(ii)information about the expected effects of the change on the employees; and
(iii)any other matters likely to affect the employees.
21.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
21.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
21.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (21.2)(a) and subclauses (21.3) and (21.5) are taken not to apply.
21.9In this term, a major change is likely to have a significant effect on employees if it results in:
(a)the termination of the employment of employees; or
(b)major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
(c)the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
(d)the alteration of hours of work; or
(e)the need to retrain employees; or
(f)the need to relocate employees to another workplace; or
(g)the restructuring of jobs.
Change to regular roster or ordinary hours of work
21.10 For a change referred to in paragraph(1)(b):
(a)the employer must notify the relevant employees of the proposed change; and
(b)subclauses(11) to (15) apply.
21.11The relevant employees may appoint a representative for the purposes of the procedures in this term.
21.12If:
(a)a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
(b)the employee or employees advise the employer of the identity of the representative;
the employer must recognise the representative.
21.13As soon as practicable after proposing to introduce the change, the employer must:
(a)discuss with the relevant employees the introduction of the change; and
(b)for the purposes of the discussion—provide to the relevant employees:
(i)all relevant information about the change, including the nature of the change; and
(ii)information about what the employer reasonably believes will be the effects of the change on the employees; and
(iii)information about any other matters that the employer reasonably believes are likely to affect the employees; and
(c)invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities).
21.14However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
21.15The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees.
21.16 In this term:
relevant employees means the employees who may be affected by a change referred to in subclause (21.1).
This document is a guide only and professional advice should be sought about your specific circumstances
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