will override the conditions of an existing Agreement that is inconsistent with either of the above two elements.
From this date employers must provide the base wage in the relevant modern award from 1 January - amending their existing Agreement base rate to the appropriate modern award rate, and they must provide all of the conditions in the NES to employees where they are not already provided in the Agreement.
Where there are provisions in Existing Agreements and the corresponding NES is more beneficial, the NES provision will apply. Conversely, if the provisions in existing Agreements are more beneficial to employees than the NES, the provisions of the existing Agreement will prevail.
It should be noted that the modern award, NES and the vast array of existing Agreements coupled with the transitional provisions make this process very complex and fraught with danger as any breach can render the employer liable for a fine of up to $33,000.
NEW ENTERPRISE AGREEMENTS
A number of venues have opted to move directly to an Enterprise Agreement to provide the necessary flexibility and as an easier method of ensuring compliance than dealing with the range of differing Existing Agreements they have with conflicting provisions
A number of venues have opted to move directly to an Enterprise Agreement to provide the necessary flexibility and as an easier method of ensuring compliance than dealing with the range of differing Existing Agreements they have with conflicting provisions
Unfortunately we are seeing draft Enterprise Agreements that have been put together without any appropriate financial modelling or taxation reviews to ascertain the potential impact of the terms of the new enterprise agreement on the venue. For example, we have seen some EA's where there is the potential to create significant FBT liabilities for the venue as some of the benefits have not been assessed for tax purposes or even their financial impact on the venue.
Lawler Partners can assist in addressing these serious matters by providing an audit of HR/IR systems and a comprehensive check of your compliance with Legislation and the new 1 January 2010 arrangements.
For more information or to discuss your venue's individual circumstances or assistance in the restructure of existing Workplace Agreements into a Enterprise Agreement please phone:
Peter Norrie on 0438 682 504 or by email
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Margaret Carew on 0409 999 909 or by email
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Peter McLean on 0425 266 120 or by email on
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