The Secure Jobs Better Pay Act is changing how employers and employees bargain and make agreements. On 6 June 2023, new enterprise bargaining and agreement making provisions will commence. We are updating our information, processes and resources in preparation for the commencement of these provisions.
To help you navigate the new provisions, we are developing new tools and resources that we will share over the coming weeks. These include information on the changes and tools to help you choose the correct forms to complete and lodge.
New provisions from 6 June 2023
The amendments include:
- changes to the better off overall test (BOOT)
- a Statement of principles on genuine agreement
- changes to multi-enterprise agreements.
The amendments to the BOOT will include allowing Commission Members to amend an agreement after it is lodged to address any BOOT concerns provided certain parameters are met. The amendments will also allow Commission members to reconsider whether a previously approved agreement that was made after 6 June 2023 meets the BOOT. We will share more information on these changes in the coming weeks.
Commission Members will also be required to consider a Statement of principles when determining whether an enterprise agreement has been genuinely agreed to by the employees. See Statement of principles on genuine agreement.
Under new provisions, there will be 3 types of multi-enterprise agreements:
- Supported bargaining agreements
- Single interest employer agreements
- Cooperative workplace agreements.
In addition, employers will need to either have agreement from all relevant employee organisations or a voting request order from the Commission before they can ask employees to vote on a multi-enterprise agreement.
