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Journal > Enterprise Agreement Retail

Enterprise Agreement Retail

September 19th, 2021

Registered agreements are valid until terminated or issued. The SDA is highly experienced in negotiating corporate agreements and has been doing so for over 20 years with major retailers, fast food operators, storage and distribution chains and manufacturers. Among the agreements negotiated by the SDA currently in operation are: many workers in the retail trade, fast food and warehousing and distribution sector are covered by company agreements negotiated by the SDA. The Fair Work Commission can also help employers and workers negotiate with their New Approaches programme. Read more about The New Approaches on the Fair Work Commission website. Company agreements are agreements concluded at company level which lay down the minimum working conditions applicable to a group of workers and to an employer. The FWC`s Masson Vice-President pointed out a series of common errors in applications for authorization of retail agreements. One of the most important is that if a job has a registered agreement, the price does not apply. However, in addition to the emphasis on improving wages and conditions at the General Retail Industry Award, the SDA, the retail workers` union, negotiates directly, on behalf of its members, improved wages and conditions with employers. As reported in February, media observation and union activism have increased over the past twelve months with regard to collective agreements, with unions and the media loudly shouting at the denunciation of these agreements because they are perceived as “unfair”. The National Retail Association recently hosted its first meeting of the Enterprise Agreement Stakeholder Panel (EASP). Easp is a forum for members to facilitate discussions and learning opportunities on corporate negotiations and to attract sector information on the current state of negotiations in the retail sector.

The panel was set up to also inform the NRA`s positions within our interest representation and as a representative of the retail sector within the Fair Work Commission (FWC) Corporate Agreement User Group. Even with the FWC`s new discretion to ignore minor technical or procedural errors in such applications, the errors must not have penalized employees with respect to their ability to actually accept the terms of the proposed agreement. Whether such a disadvantage has occurred or is likely to have occurred could be the subject of debate between employers and negotiators and, therefore, errors such as those noted by the FWC above should be avoided in order to avoid a dispute. Company agreements are based on the minimum conditions of the Modern Awards and/or vary. Modern awards are a safety net of minimum conditions for an entire industry or job, for example the General Retail Industry Award 2010 applies to retail. If a job has a company agreement, the modern price does not apply. Company agreements and bonuses apply in conjunction with National Employment Standards (“NES”). The NES applies to all employees (with the exception of staff of the Land Government and municipal councils) and they cannot be superseded by an arbitration award or agreement. The first meeting focused on the current political context, as well as the recent legislative amendments to the Fair Work Act 2009 (Cth), which give the FWC greater discretion not to face slight procedural or technical shortcomings in applications for approval of company agreements in certain circumstances. The NRA was proud that the FWC`s Masson Vice President was present before the panel and gave an overview of some of the most common issues related to the approval of corporate agreements in retail.

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