What is Enterprise Bargaining?

Enterprise bargaining is the bargaining or negotiation of the terms and conditions of employment between employers and employees or their respective representatives. It is undertaken cooperatively, as the employer and employees or their respective representatives are equal partners in the negotiating process which provides an opportunity to discuss changes to the way work is done, changes to conditions and productivity improvements that will mutually benefit both employer and employees.

What is an Enterprise Bargaining Agreement (EBA)?

An enterprise bargaining agreement sets out the minimum conditions of employment for employees engaged in particular types of work and can include a broad range of matters tailored to suit the special needs of that enterprise.

An EBA has the same legal force as an award and must be approved by a valid majority of staff and certified by the Australian Industrial Relations Commission. Once certified an EBA will take precedence over an award.

Generally an EBA will have a nominal term of up to three years, however, they can continue in effect after this time if the parties to the agreement wish this to happen or until a new EBA is introduced.
The nominated expiry date of the Swinburne University of Technology Academic and General Staff Certified Agreement 2006 – 2008 was the 30 September 2008. This EBA will remain effective until a new EBA is negotiated and then certified by the Australian Industrial Relations Commission.

Why do we do it?

Enterprise bargaining is one way of fostering a culture of change in the workplace and can be a valuable tool in the process of continuous improvement. It can also assist in the creation of vital, responsive and flexible enterprises and helps to improve productivity and efficiency.

What Swinburne wants from a new Academic and General Staff Agreement:

Terms and conditions of employment that are fair for all staff, allow for flexibility where agreed, ensure freedom of association, and are sustainable into the future.

Furthermore, Swinburne seeks an agreement that is simple and accessible for all academic and general staff which supports the ability to deliver flexible, responsive, inclusive education and high quality research coupled with the necessary support services for individuals, employers and government in a global environment.

So what happens next?

Negotiations to replace the now expired Swinburne University of Technology Academic and General Staff Certified Agreement 2006 – 2008 commenced in September 2008 between Swinburne University and the National Tertiary Education Union (NTEU) representing general and academic staff.

To date there have been eight negotiation meetings. Negotiations will re-commence in February 2009 with meetings to be scheduled regularly.

Whilst negotiations continue the terms of the 2006 - 2008 Agreement continue to apply.

The NTEU have supplied the University with a log of claims outlining the major items to be discussed during negotiations which the University and the NTEU are currently working through in greater detail.

Further updates will be posted as the negotiations continue.