Business legal guide
What Is an EBA? Enterprise Agreements Australia
An enterprise agreement is a workplace instrument approved by the Fair Work Commission. It is different from an individual employment contract and does not displace the National Employment Standards.
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In short
An enterprise agreement is a workplace instrument approved by the Fair Work Commission. It is different from an individual employment contract and does not displace the National Employment Standards.
Content updated 25 October 2026 · Published by Envision Legal.
What does EBA mean?
EBA commonly means enterprise bargaining agreement. The Fair Work Act uses “enterprise agreement” for an agreement setting employment conditions for covered employees of a business or group of businesses. Agreement coverage—not the informal label used by payroll—determines whether it applies.
Award versus enterprise agreement versus employment contract
A modern award sets industry or occupation minimum conditions. An enterprise agreement sets conditions for its defined coverage after the statutory agreement-making and approval process. An employment contract records the individual bargain but cannot remove applicable statutory or industrial-instrument minimum entitlements.
Where an enterprise agreement applies, an award generally does not apply, subject to statutory qualifications. The award remains important to the Better Off Overall Test and the statutory base-rate floor. The NES continue to protect covered employees.
Find the actual agreement first
Use the Fair Work Commission’s official enterprise agreement finder. Search by employer and agreement name, then read the full agreement, approval decision, undertakings and any variations. Check the employing entity, sites, roles, exclusions and whether the agreement is operative.
A matching name alone does not establish coverage. If the business has acquired staff or operations, transfer-of-business rules may also affect which instrument applies.
What happens at nominal expiry?
An enterprise agreement generally continues after its nominal expiry date until replaced or terminated under the Act. Do not stop applying it simply because the printed date has passed. Changes to award minimum rates can also affect the statutory base-rate floor under an agreement.
Making a new agreement is not a template exercise
The process can involve notification of representational rights, good-faith bargaining, employee access and explanation requirements, a vote, required content and Commission approval. The Better Off Overall Test compares relevant employees’ overall position under the proposed agreement and the relevant award, under the Act’s provisions.
Different rules apply to single-enterprise, multi-enterprise and greenfields agreements. Identify the applicable pathway before preparing documents. Our contract review services are not a promise to conduct bargaining or Commission proceedings.
What employers should check in their contracts
- Correct classification and minimum base rate.
- Ordinary hours, overtime, penalty rates and allowances.
- Leave, consultation and roster-change obligations.
- How salary and incentive provisions interact with instrument entitlements.
- Whether contractual language wrongly suggests the agreement has expired or been replaced.
See casual loading, public holiday work and pay and employer minimum-wage checks.
Official sources and contract support
Read Fair Work’s about agreements, bargaining guide and the Fair Work Act. Most, but not all, Australian employers are in the national system; check coverage.
For aligning individual contracts with the applicable instrument, request a fixed-fee scope from our Melbourne or Sydney employer contract team. We do not offer tribunal representation.
Frequently asked questions
Is an EBA the same as an employment contract?
No. An enterprise agreement is an approved industrial instrument for its covered employees. An individual employment contract cannot remove applicable minimum entitlements under the agreement, legislation or other applicable instruments.
Does an enterprise agreement end on its nominal expiry date?
Generally no. It continues until replaced or terminated under the Fair Work Act. Check the agreement’s status and any later instruments or decisions.
Where can I find my enterprise agreement?
Use the Fair Work Commission’s official enterprise agreement finder and confirm the employer, roles and coverage. Read the agreement, approval decision, undertakings and variations rather than relying on its name.
Two ways to start
Get a fixed fee before any work starts.
Answer a few short questions, attach your documents if you have them, and a senior lawyer replies with the scope and the price.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.