South Australian Current Acts

FAIR WORK ACT 1994 - SECT 75

75—Who may make enterprise agreement

        (1)         An enterprise agreement may be made between—

            (a)         1 or more employers;

            (b)         a group of employees.

        (2)         A registered association may enter into an enterprise agreement on behalf of—

            (a)         any member or members of the association who have given the association an authorisation to negotiate the enterprise agreement on their behalf; or

            (b)         any group of employees (whether or not members of the association) if the association is authorised, after notice has been given as required by the regulations, by a majority of the employees constituting the group to negotiate the enterprise agreement on behalf of the group.

        (3)         A member of an association is taken to have given the association an authorisation for the purposes of subsection (2) for as long as the member remains a member of the association unless the member, by written notice given to the association, withdraws the authorisation.

        (4)         An authorisation given to an association by an employee who is not a member of the association—

            (a)         cannot be given generally but must be specifically related to a particular proposal for an enterprise agreement; and

            (b)         remains in force (subject to revocation by written notice given to the association) until the relevant enterprise agreement is rescinded or superseded.

        (5)         If—

            (a)         an employer proposes to have an enterprise agreement with a group of employees who are yet to be employed by the employer; and

            (b)         the employees—

                  (i)         are of a class not currently, or formerly, employed by the employer or a related employer in South Australia; or

                  (ii)         are to be engaged in operations of a kind that are not currently, and have not been formerly, carried on by the employer or a related employer in South Australia,

the employer may enter, on a provisional basis, into an enterprise agreement binding on the employees who become members of the group (a "provisional enterprise agreement") with a registered association of employees (or both).

        (7)         A notice under subsection (6) must include details of the group of employees to which the agreement is to apply.

        (9)         A person who becomes, or ceases to be, a member of a group of employees defined in an enterprise agreement as the group bound by the agreement, becomes or ceases to be bound by the enterprise agreement (without further formality).