FAIR WORK ACT 1994 - SECT 77
FAIR WORK ACT 1994 - SECT 77
77—Form and content of enterprise agreement
(1) An enterprise
agreement—
(a) must
be in writing; and
(b)
must—
(i)
specify the employer to be bound by the agreement; and
(ii)
define the group of employees to be bound by the
agreement; and
(c) must
include procedures for preventing and settling industrial disputes between the
employer and employees bound by the agreement; and
(d) if a
majority of at least two-thirds of the total number of employees to be covered
by the agreement agree—may include a provision giving an association of
employees that is able to represent the industrial interests of the employees'
rights to represent the industrial interests of those employees to the
exclusion of another association of employees 1 ; and
(e) must
provide that sick leave is available, subject to limitations and conditions
prescribed in the agreement, to an employee if the leave becomes necessary
because of the sickness of a child, spouse, domestic partner, parent or
grandparent (unless the agreement specifically excludes the extension of sick
leave to such circumstances); and
(f) must
make provision for the renegotiation of the agreement at the end of its term;
and
(g) must
be signed as required by regulation by or on behalf of the employer, and on
behalf of the group of employees, to be bound by the agreement.
(2) An
enterprise agreement should be submitted to SAET for approval within 21 days
after the agreement is signed by or on behalf of the persons who are to be
bound by it.
Note—
1 However, the provision must be consistent with
section 116(1).