FAQ EB 2003-5
What isEnterprise Bargaining (EB)?
Enterprise Bargaining is the process of discussion and negotiation between employees– almost always represented by their Union – and employers to produce anEnterprise Agreement. An Enterprise Agreement is a collective agreement covering all workers in aparticular enterprise (Deakin University, in this case) which regulates their employment. Thisincludes work conditions, pay rates, and entitlements and provisions such as redundancy, longservice leave, annual leave, and occupational health and safety.
What is the context for EnterpriseBargaining?
The coming round of EB will occur in tough circumstances, with the University seeking toextract significant concessions, especially over conditions (eg. greater‘flexibility’). We, on the other hand, will not only to resist these pressures butattempt to roll back some of the deterioration in working lives we’ve seen over the pastseveral years.
The process of EB is an arena where we can make gains and improvements in conditions,including curbing poor management practices and improving work practices more generally. There canbe some flexibility in how the Union’s goals are achieved, but there may also be someconflict when the NTEU’s and the University’s respective claims areincompatible.
Who negotiates during EnterpriseBargaining?
In the case of Deakin University, negotiations will be conducted between members of NTEUDeakin University Branch and members of University management. The Union and the University eachhave teams of negotiators who meet on a regular basis to bargain over the claims. Together, the twoteams are known as an Enterprise Bargaining Unit (EBU). The EBU will finalise the details of theEnterprise Bargaining Agreement before it is submitted to NTEU Deakin members for theirapproval.
How is the NTEU preparing for EnterpriseBargaining?
NTEU Deakin Branch developed the Log of Claims for Round 4 negotiations over an extendedperiod of time. Meetings of members on all Deakin campuses in September 2002 produced an extensivelist of issues. These issues, along with issues raised at other Australian universities, wereconsidered at the NTEU National Enterprise Bargaining Forum in October 2002. From this Forum a setof national claims were developed that have been served on all Australian university managements. Inaddition to these national claims, NTEU Deakin Branch is also pursuing local issues raised bymembers.
What happens if Enterprise Bargainingnegotiations stall or break down?
Although the Union and University management are required to conduct negotiations in goodfaith, it’s possible that the EB process can sometimes stall or fail. If this happens, theteams will first attempt to resolve their differences through discussion. Some conflicts, however,may require further action before they can be resolved. Protected industrial action will be taken,if approved by NTEU Deakin members.
What steps must be taken before an agreement is finalised?
Two separate processes take place when an Agreement is reached through EB negotiations.The first step is that our Branch members ‘sign off’ on the Agreement by voting ata General Meeting. This is called ‘ratification of the Agreement’. The next stepis that all members of staff are required by the Industrial Relations Commission (AIRC) to vote onthe Agreement by ballot. If a majority of Deakin staff approve the Agreement it will be forwarded tothe AIRC for certification.