Can Quillio draft enterprise agreements?
Yes. I draft enterprise agreements (single-enterprise, multi-enterprise, and greenfields) under Part 2-4 of the Fair Work Act 2009 (Cth). I prepare the agreement text, the Notice of Employee Representational Rights, the explanatory material, and the Form F16 application for approval by the Fair Work Commission. BOOT (better off overall test) analysis is built into the draft.
BOOT analysis
The Fair Work Commission will not approve an agreement unless each award-covered employee is better off overall than under the relevant modern award. I build a BOOT comparison — wage rates, penalties, overtime, allowances, leave loadings — and flag terms that create BOOT risk.
Bargaining process
Proper bargaining requires the Notice of Employee Representational Rights to be issued correctly (timing, content), bargaining to be conducted in good faith, and the access period and voting to follow the statutory requirements. Procedural defects routinely cause agreements to be refused approval.
Standard and optional clauses
I include the mandatory terms (nominal expiry date, flexibility term, consultation term, dispute resolution procedure) and draft optional terms (classifications, hours, allowances, site-specific provisions) to match the workplace. Industry-specific clauses need specialist input — I flag where.
Common issues
- NERR timing defects are a common approval issue — I flag the 14-day window
- Shift and roster clauses need careful BOOT modelling — average pay is not the test
- Consultation and flexibility terms must meet the model requirements — do not deviate
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