Enterprise Bargaining Agreement (EBA) Re-negotiation

It’s time to re-negotiate UQ Sport’s Enterprise Bargaining Agreement (EBA) – that’s fancy speak for deciding on your rights and conditions at work.

Now’s your chance to introduce the work perks you’d love to have, expand on the great employment benefits already in place, and amend the not-so-great conditions.

Your TEAM are responsible for re-negotiating UQ Sport’s Enterprise Bargaining Agreement (EBA) on your behalf and they need your feedback. To complete the feedback survey and go into the draw to WIN 1 of 3 $50 Westfield Shopping Centre Vouchers please click here.

Introducing Your TEAM

Courtney Dunne (Athletics)
Courtney is the Customer Service Officer and Administrative Assistant at the Athletics Centre, helping the operations of both the venue & UQ Athletics Club. She’s been working here for just over a year, and is interested to learn how the EBA  directly impacts the relationship employees have with UQ Sport.

Tracey Scott (Clubs)
Tracy currently works as the Manager – Clubs Administration, supporting all of UQ’s affiliated sporting clubs. Tracey has been on-deck at UQ Sport for six years, and wants to assist in the EBA negotiations to achieve a fair and reasonable agreement for UQ Sport’s staff members.

Todd Johnston (Fitness)
Todd is both the Fitness Manager and a Group Fitness Instructor, and has held a variety of roles during his nearly eight years with UQ Sport. Todd aims to use the EBA process to discuss the link between staff and their importance to the wider organisation’s budgets, KPI’s, performance, facility improvements and daily operations.

Sarah Corte (HR and Admin)
Sarah is UQ Sport’s Office Administrator, assisting both HR and the wider administration office. She’s been part of the team for just over seven months, and is looking forward to contributing to and assisting the TEAM achieve the best outcome possible for everyone.

Your TEAM are gathering your suggestions and feedback on what you’d like to see included in UQ Sport’s EBA. Contact them at EBA@uqsport.com.au.     

The re-negotiation of an EBA is a significant process. An approach, to ensure that views from across UQ Sport will be collected and used to develop the Agreement in a timely manner, will be put in place.

The below FAQ guide covers all aspects relating to the EBA process – including what’s an EBA, who’s covered and what’s involved in the bargaining process.

Regular EBA updates will be posted to this page, so be sure to check back for the latest information.

What are the options?

What is enterprise bargaining?

Enterprise bargaining is the process of negotiation generally between the employer, employees and their bargaining representatives with the goal of making an Enterprise Agreement. The Fair Work Act 2009 establishes a set of clear rules and obligations about how this process is to occur, including rules about bargaining, the content of Enterprise Agreements, and how an agreement is made and approved.   

What is an Enterprise Bargaining Agreement (EBA)?

An EBA is a collective workplace agreement lasting up to four (4) years and is a legally binding document that sets out your terms and conditions of employment made between your employer and the employees who will be covered by the agreement.

An EBA means employees and management can develop the terms and conditions that are tailored specifically to the needs of UQ Sport and its employees.

An EBA will not be approved by Fair Work if employees would be worse off under the Agreement than they would otherwise be under Industrial Awards.

Why do we need one?

An EBA replaces any Industrial Awards that would otherwise apply to you.

The various categories of roles at UQ Sport would traditionally be covered by a number of different Industrial Awards. An EBA can provide certainty of entitlements and consistency in the terms and conditions of employment adopted across the whole organisation.

Classification structures can be developed which suit the needs of the organisation and which allow employees to work across different parts of the organisation without being limited by Award coverage and classification structures of separate Awards.

In other words, it ensures everyone receives the same treatment, conditions and entitlements no matter where they work. This promotes harmony at work.

What is an Industrial Award?

In simple terms, Industrial Awards set the minimum standards that an employer in your industry is allowed to pay for your kind of work and other workplace conditions like leave, consultation, and work hours.

More technically, it's a legal ruling which grants all employees in one industry or employer the same conditions of employment and wages.

Awards are designed to protect employees' wages and conditions.

What does the EBA contain?

Normally, an EBA covers matters such as remuneration (wages), hours of work, overtime, leave (annual, sick, long service etc), the dispute settlement process, and other conditions related to your employment.

What does the EBA not contain?

Specific workplace policies. Policies are referred to within the Agreement but may change from time to time.

Who is covered by the EBA?

The EBA covers all employees except for those not covered due to the nature of their role outlined below.

Those employees who hold full and part-time positions not covered by the EBA, but are also employed under casual contracts for additional roles they hold within UQ Sport, are covered by the EBA for their additional role.

Who is not covered by the EBA?

Employees excluded from the EBA coverage are covered by Common Law contracts of employment and are not covered by industrial agreements.

Award-free employees are those classes of employees who, because of the nature or seniority of their role, have not traditionally been covered by Awards, including managerial and professional employees such as accountants, marketing, human resources, public relations and information technology specialists, and other specialist roles.

Roles not covered by the EBA include:

  • All HR employees
  • All Marketing employees (excluding Events employees)
  • All Managers and Venue Managers
  • Accountants
  • CEO
  • Executive Assistant
  • Personal Development Advisor (Academy)
  • EAFU Coordinator (Academy)
Who can be a bargaining representative?

A bargaining representative is a person or organisation that each party to the Enterprise Agreement may appoint to represent them during the bargaining process.

The Fair Work Act 2009 identifies the following that may be bargaining representatives:

  • an employer that will be covered by the agreement
  • a trade union who has a member that would be covered by the Agreement (unless the member has specified in writing that he or she does not wish to be represented by the trade union, or has appointed someone else)
  • a person specified in writing as their bargaining representative by either an employer or employee who would be covered by the agreement.

For employees who are a member of a trade union, the default bargaining representative is their trade union unless the employee appoints another person. However, employees can generally appoint whoever they wish as their bargaining representative, including themselves.

What is the Agreement Development Team (ADT)?

A team of employee-appointed bargaining representatives.

What is the ADT responsible for doing?

The ADT is responsible for the following tasks:

  • Reviewing all aspects of the current EBA and the workplace policies
  • Consult with employees to gain feedback on current conditions and suggestions for change
  • Utilise information gained from employees to develop proposed changes to the EBA to present to the Steering Committee for negotiation
  • Actively provide information and feedback from employees
  • Collect and collate Agreement and non-Agreement related issues and present them to the ADT
  • Encourage employees to provide feedback, and participate in consultation activities planned by the ADT
  • Facilitate feedback channels such as surveys, focus groups, interviews etc
  • Ensure the views of employees are aired in the development process
Will I be paid for being an ADT member?

Yes. For full and part-time employees, you will be released from your current duties to undertake the activities as a member of the ADT.

Casual employees will be paid for the training days as well as the full-time development days at the training hourly rate (currently $23.55/hr)

What is the Steering Committee?

Employer-appointed bargaining representatives. The Steering Committee will be responsible for outlining UQ Sport’s business direction and ensuring that the Agreement will contribute to achieving these objectives. 

What is the Agreement Advisory Team?

The Agreement Advisory Team is comprised of Hayley McNaughton (HR Manager), as well as legal and financial counsel.

The Advisory Team may collect data for the ADT and Steering Committee, including market research, trends, benchmarks and provide specialist HR, remuneration, payroll, financial, and policy advice.

They will coordinate legal advice, assist with the facilitation of focus groups and be supported by administrative resources for word processing, organising venues, photocopying etc.

What is my role as an employee?

There are three ways you can influence the bargaining process: 

  • Volunteer or nominate a colleague to join ADT
  • Provide feedback and suggestions to the ADT during consultation
  • Cast your vote on the proposed EBA

All employees are encouraged to demonstrate an interest in the development of the Agreement, consider and understand the information provided and make contributions as necessary. This can be assisted by:

  • Understanding current Industrial Awards and application in the workplace
  • Participating in focus groups, surveys and other feedback channels, as required
  • Understanding the proposed Agreement and application in the workplace
How long will the UQ Sport bargaining process be?

Consultation and negotiation meetings will take place over an eight (8) week period between Friday 6 October and Tuesday 21 November 2017. During this time ADT members are required to be available.

What does the UQ Sport bargaining process look like?

A process has been designed to enable employees to develop an Agreement for UQ Sport that is best suited to our organisational needs. The process will involve an Agreement Development Team (ADT) and Steering Committee as well as consultation with all UQ Sport employees. In a nutshell, it will look like this:

Agreement Development Team Training

A group of employee representatives will participate in training that will provide them with the necessary skills and understanding of Australia’s industrial relations framework and how this applies to UQ Sport. 

Consultation

The ADT will spend a significant period of time consulting widely with employees through tools such as focus groups, workshops and questionnaires.

Agreement Review

The employee representatives of the ADT will work together to review the current Industrial Awards and propose changes to the current EBA for UQ Sport

Draft Document

After the Steering Committee endorsement, the draft will be distributed for employees and managers for feedback and further consultation.

Further Consultation & Feedback

If necessary, there will be up to two (2) further rounds of consultation with employees.

Final Agreement Document

After the Steering Committee’s endorsement, the final document will be distributed to all employees covered under the EBA seven (7) days prior to the vote

Voting

It is anticipated voting (via SMS) will take place between Wednesday 6 and Friday 8 December 2017. Staff will be automatically enrolled to vote via SMS using the mobile number submitted on their HR profile. Please ensure you have your current mobile phone number on-file.

What is the timeline for the EBA process?

The following timeline marks key dates of the EBA process. Please note, should dates change, they will be updated below:

  • Initiation of bargaining process – 4 September
  • Notice of Right for Representation (ADT nominations open) – 13 September
  • ADT nominations close – 27 September
  • Successful ADT applicants notified – 29 September
  • ADT representatives announced – 3 October
  • ADT training workshop – 5 October
  • ADT consultation period commences – 6 October
  • ADT proposed EBA changes due for submission – 30 October (8 & 17 November, if required)
  • ADT & Steering Committee meeting – 1 November (10 & 21 November, if required)
  • EBA draft reviewed and finalised – 1 to 28 November
  • Seven-day access period begins – 29 November
  • Seven-day access period ends – 5 December
  • SMS voting period begins – 6 December
  • SMS voting period ends – 8 December
  • Outcome of  SMS vote announced – 11 December

QUESTIONS

If you have any questions about the EBA process, please contact Hayley McNaughton or the Fair Work Ombudsman.

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