Enterprise Agreements and the Better Off Overall Test

Business Law Project

Table of Contents
Answer 1..........................................................................................................................................3
Answer 2..........................................................................................................................................3
Answer 3..........................................................................................................................................4
Answer 4..........................................................................................................................................4
Answer 5..........................................................................................................................................4
Answer 6..........................................................................................................................................5
References........................................................................................................................................5

Answer 1
The enterprise agreements set out the conditions regarding employment, for a group of
employees at the workplaces. These agreements are negotiated by the parties with the help of
collective bargaining in good faith, specifically at the enterprise level. As per the Fair Work Act
2009, an enterprise needs to engage itself in any kind of business, project, activity or
undertaking. The modern awards and National Employment standards (NES) are the minimum
employment standards which apply to an industry. The enterprise agreements apply to all
organizations operating in one or more industries and are more generalized in terms of their
application. Also, these agreements contain a wide range of terms and conditions such as dispute
settlement procedures, flexibility terms, consultation terms and such others. The BOOT related
tradeoffs are also mentioned in enterprise agreements, clearer than the modern awards or NES
(Australian Government, 2018).
Answer 2
RMIT enterprise agreement for academic and professional staff can be thought of a single
enterprise agreement, as it is made between a single employer (Royal Melbourne Institute of
Technology) and employees employed in an organization at the time of their joining. The
agreement includes all the provisions which need to be fulfilled between the employees and the
employers since the time of commencement of their respective jobs. Also, all the clauses and
provisions made in the agreement are as per the guidelines of Fair Work Act 2009 and all the
terms such as flexibility terms, consultation terms and such others are mentioned in it (RMIT
University Academic & Professional Staff Enterprise Agreement, 2014).