This is a single-enterprise agreement. It can be made between a single employer (or two or more single interest employers) and employees employed at the time the agreement is made, and who will be covered by the agreement. Single interest employers are employers that are in a joint venture or common enterprise or are related corporations. They can also be employers authorised as single interest employers by the Fair Work Commission, which may be either franchisees or other employers where the Minister for Employment has made a declaration.
Under the Fair Work Act 2009 (Cth), an enterprise can mean any kind of business, activity, project or undertaking.
The agreement will be subject to the usual “better off overall” test.
This document has been authored for LexisNexis and is authorised by Finlaysons law firm, Adelaide.
This document is prepared with the assistance of Specialist Editor Justine Turnbull, Partner, Seyfarth Shaw Australia.