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The Department of Education, Skills and Employment (DESE) is responsible for ensuring that workplace agreements comply with the relevant legislation and are fair and balanced for both employers and employees. An enterprise agreement is a legally binding agreement between an employer and a group of employees that sets out the terms and conditions of employment. The DESE enterprise agreement determination process is the means by which the DESE assesses and approves enterprise agreements.
The DESE applies a range of criteria to determine whether an enterprise agreement is consistent with the provisions of the Fair Work Act 2009 and the Workplace Relations Act 1996. These criteria include the level of employee support for the agreement, the impact of the agreement on the bargaining group and the broader community, and the impact of the agreement on the employer`s operations.
A key part of the DESE enterprise agreement determination process is the requirement for the employer and employees to demonstrate that they have genuinely tried to reach agreement through the bargaining process. The DESE also considers whether the agreement is in the public interest and promotes productivity and economic growth.
Once the DESE has assessed the enterprise agreement against the relevant criteria, it will either approve the agreement or reject it. If the agreement is approved, it becomes legally binding for the parties involved. If it is rejected, the parties will need to renegotiate the terms of the agreement or seek other means of resolving their dispute.
In conclusion, the DESE enterprise agreement determination process is an important step in ensuring that workplace agreements are fair, balanced, and consistent with the relevant legislation. Employers and employees must work together to create agreements that are in the public interest and promote economic growth. By following this process, the DESE can help to build strong and productive workplaces that benefit both employers and employees.