A practical guide for communicators on enterprise agreements
People-related change is one of the most complex areas communicators can face, and enterprise agreement negotiations are a prime example. If you’re new to internal communications, change communications, HR, or leadership, understanding how these agreements work, and what they mean for communication, is essential.
This article provides an Australian perspective on enterprise agreements (EAs), also known as enterprise bargaining agreements (EBAs), and walks through the typical lifecycle of an agreement with a strong focus on communication best practice.
What is an Enterprise Agreement?
An enterprise agreement is a legally binding agreement between an employer and its employees that sets out pay rates and working conditions. In Australia, these agreements are negotiated with unions and/or employee representatives and approved by the Fair Work Commission.
Australia also has modern awards, which establish minimum pay rates and conditions across industries (for example, hospitality or healthcare). When an enterprise agreement leaves employees better off overall than the relevant modern award, the EA overrides the award. Enterprise agreements don’t last forever. Every few years they expire, triggering a formal renegotiation process which is where communication plays a critical role.
Phase 1: Announcing the start of negotiations
The first stage is letting employees know that enterprise agreement negotiations are about to begin. This communication is usually high-level and informational.
At this point:
Communications teams typically work closely with industrial relations (IR) specialists, either in-house or external.
Unions are formally notified and engaged by the IR team.
Employees are told what the process will look like and what to expect over time.
A key document issued at this stage is the Notice of Employee Representational Rights (NERR). This is a legally prescribed notice that explains employees’ right to appoint a bargaining representative. The format is strictly regulated by the Fair Work Commission, meaning that if you get it wrong, it can jeopardise approval of the final agreement.
From a communications perspective, this is also the time to:
Brief leaders so they understand the process and can answer basic questions.
Hold information sessions for employees.
Set up a central information hub (such as an intranet page or portal) that becomes the single source of truth throughout negotiations.
Equitable access to information is critical. All employees covered by the agreement must be able to easily find updates and official communications.
Phase 2: The negotiation period
Negotiations typically involve a series of meetings with unions and employee representatives and can run for months, or even more than a year.
During these meetings:
The organisation presents its proposed terms.
Unions and representatives respond, challenge, and submit counterclaims.
Discussions may cover pay rates, penalty rates, allowances, breaks, training, and other conditions.
Once employee representatives are confirmed, good communication discipline becomes essential.
Best practice during negotiations includes:
Sending a brief update to employees after each meeting, outlining key discussion points and what’s coming next.
Agreeing on key takeaways with unions where possible before distributing updates.
Publishing all updates on the intranet or central hub.
Using text messages or other channels for employees with limited access to email or computers.
Hosting periodic online town halls or webinars to provide progress updates.
It’s also important to monitor union communications. Employers have no control over union messaging, which can range from constructive to highly critical. Having pre-approved key messages and a response strategy helps ensure you don’t escalate tensions while still correcting misinformation if needed.
Don’t forget employees not covered by the EA: clear reassurance is often needed to maintain trust and engagement across the broader workforce.
Phase 3: Reviewing and voting
Once negotiations conclude, a proposed agreement is released for employee review which is usually for around 21 days. This stage is communication-heavy and presents a major opportunity to build understanding and support.
Key considerations include:
Clearly explaining what has changed compared to the existing agreement.
Using plain language wherever possible, even if the legal document itself is complex.
Providing simplified summaries, FAQs, and visual comparisons.
Running information sessions for leaders and employees explaining the agreement and the voting process.
This is also when organisations should clearly articulate the benefits of the proposed agreement. Union communications may take a different view, so clarity and transparency are vital. Voting is typically managed by a third-party provider to ensure fairness and confidentiality. Employees receive a unique, anonymous voting link and simply vote “yes” or “no” to the proposed agreement.
During the voting period, communications teams should also:
Prepare media holding statements in case negotiations attract public attention.
Conduct scenario planning for both approval and rejection outcomes.
Share reminders about voting deadlines and participation rates where appropriate.
Phase 4: The outcome
If the vote is rejected, negotiations resume. While this is costly and time-consuming, the existing agreement continues to apply until a new one is approved. If the vote is approved, the agreement is submitted to the Fair Work Commission for review. This process can take up to three months. Once approved:
The agreement comes into effect on a specified date.
Communications should focus on explaining new benefits, timelines, and any back pay arrangements.
Webinars or team briefings can help employees understand what the changes mean for them personally.
One effective technique is using personas to demonstrate real-world impacts. For example, showing how a typical employee’s annual earnings improve under the new agreement can make abstract numbers more meaningful. Translating increases into everyday equivalents—like groceries or travel—can further help employees connect with the outcome.
If the Fair Work Commission rejects the agreement, changes may be required and negotiations may resume. This is another scenario where prepared messaging is essential.
Once approved, the agreement becomes publicly available on the Fair Work Commission website.
Enterprise agreement negotiations are long, complex, and often emotionally charged. Strong, consistent communication can make the difference between confusion and confidence, resistance and trust.
