The following terms must be included in all agreements:
A coverage term – the term in an enterprise agreement which identifies the employers, employees and work covered by the enterprise agreement.
A nominal expiry date – the date the agreement will nominally expire.
A flexibility term – a term that allows an employer and employee to make an individual flexibility arrangement (IFA) which varies the effect of terms of the enterprise agreement in order to meet the genuine needs of the employer and the individual employee. The flexibility term in an enterprise agreement must meet the requirements specified in the Fair Work Act 2009. The Fair Work Regulations 2009 include a model flexibility term which meets the requirements of the Fair Work Act and can be used in an enterprise agreement.
A consultation term – a term which requires the employer to consult with employees about:
- a major workplace change that is likely to have a significant effect on the employees, or
- a change to their regular roster or ordinary hours of work.
The consultation term must also allow for employees to be represented in any such consultation. The Fair Work Regulations include a model consultation term which meets the requirements of the Fair Work Act and can be used in an enterprise agreement.
A dispute settlement term – a term providing a procedure for settling disputes about matters arising under the enterprise agreement and in relation to the NES. The term must require or allow the Commission, or another person who is independent of those covered by the agreement, to settle a dispute. The term must also allow for the representation of employees during the dispute. The Fair Work Regulations include a model term about dealing with disputes which meets the requirements of the Fair Work Act and can be used in an enterprise agreement.