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Enterprise Agreements

SWS Lawyers advises our clients on all steps in the enterprise agreement process, including preparation, negotiation, the approval process and dispute resolution.

How we can help

  • Drafting and reviewing enterprise agreements
  • Advising on the bargaining process and required steps
  • Advising and engaging with the Fair Work Commission on the approval process, including the Better Off Overall Test, the provision of undertakings and other requirements
  • Advising on disputes arising under enterprise agreements
  • Advising on variation of enterprise agreements

Expertise

The minimum terms and conditions of employment in Australia are governed by the Fair Work Act 2009 (Cth) and the Modern Awards. The Modern Awards are complex and often require payment of specific penalty rates, loadings, allowances and other entitlements. Enterprise agreements set out the terms and conditions of employment for particular employees and replace the Modern Award for those employees. Enterprise agreements can assist employers who want to tailor employment conditions to their workplace and type of work.

SWS Lawyers advises our clients on all aspects of the enterprise agreement bargaining process. SWS Lawyers assists with preparation of the enterprise agreement, negotiations with employees and unions and complying with the procedural requirements under the Fair Work Act 2009 (Cth). SWS Lawyers also assists with navigating complicated types of work and payment structures and ensuring enterprise agreements will meet the “Better Off Overall Test” (BOOT) and other necessary requirements.

An enterprise agreement, once bargained and agreed with employees, must be approved by the Fair Work Commission. SWS Lawyers assists with advising our clients on this process and negotiating with the Fair Work Commission on approval of the enterprise agreement, including preparing and advising on undertakings requested by the Fair Work Commission.

SWS Lawyers also advises our clients in respect of disputes that may arise under enterprise agreements. SWS Lawyers recently acted for a client in the Fair Work Commission in respect of a dispute arising under an enterprise agreement which was filed by a union on behalf of the employees. SWS Lawyers was successful in having the matter dismissed by the Fair Work Commission and we were able to achieve the desired outcome for our client.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.

-Robert Radcliffe-Smith, Advent

The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

-Leading AU/NZ Logistics Company

The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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