Fair Work Commission Enterprise Agreement Checklist

As a freelancer or business owner, it’s important to ensure that your enterprise agreement complies with the regulations set out by the Fair Work Commission. This checklist will help you ensure that all the necessary elements have been included and that you are not at risk of being found in violation of the relevant laws.

1. Coverage: The first thing to check is that the agreement applies to all relevant employees and that it covers the correct scope of work being carried out.

2. Flexibility arrangements: The agreement should outline any flexible working arrangements, such as part-time or flexible hours, that have been agreed.

3. Leave entitlements: The agreement should set out the leave entitlements available to employees, including annual leave, sick leave, and parental leave.

4. Wage rates: The agreement should specify the wages and rates of pay for each type of work or employee classification.

5. Working hours: The agreement should specify the hours of work and the rate of pay for overtime and penalty rates for working outside of normal business hours.

6. Redundancy provisions: The agreement should contain provisions for redundancy, including any entitlements to severance pay and the criteria for selecting employees for redundancy.

7. Dispute resolution: The agreement should include a process for resolving disputes between employees and management, including any procedures for mediation or arbitration.

8. Consultation: The agreement should set out the requirement for consultation with employees when making any significant changes to their employment.

9. Health and safety: The agreement should cover health and safety regulations and outline any responsibilities the employer has in terms of providing a safe working environment.

10. Termination: The agreement should set out the process for terminating employment, including any notice periods and the rights of employees being terminated.

By following this checklist, you can ensure that your enterprise agreement complies with the Fair Work Commission’s regulations and that you have provided your employees with all the rights and entitlements they deserve. This will help you build a positive and productive work culture, while also minimizing the risk of legal action and potential financial penalties.