ENTERPRISE BARGAINING (EB) TOOL 002
Preliminary Enterprise Agreement Compliance Assessment
Identify risk early — before bargaining begins.
Why this tool matters
One of the biggest risks in enterprise bargaining isn’t what happens at the table —
it’s what exists before bargaining even starts.
Most organisations go into bargaining without fully understanding:
Whether their current agreement is compliant
Where approval risks may arise
What will fail the Better Off Overall Test (BOOT)
Which clauses will create friction in negotiations
This tool has been developed by Humanify HR to help organisations identify and address these risks early.
What this tool helps you do
This assessment is designed to support a pre-bargaining compliance and risk review of your existing enterprise agreement.
It enables you to identify:
Compliance gaps against the Fair Work Act 2009
Clauses that may create approval or BOOT risk
Outdated or inconsistent provisions
Workforce and coverage misalignment
Key priorities for bargaining strategy and drafting
As outlined in the tool, this review should ideally occur before issuing the Notice of Employee Representational Rights (NERR) — when you still have time to shape your approach.
What’s inside
This is a structured, practical working document — not theory.
It includes:
Agreement overview & risk summary (identify immediate red flags)
Coverage & workforce alignment review (ensure scope is defensible)
Compliance checks against statutory requirements
NES gap analysis (identify non-compliant or outdated entitlements)
BOOT preliminary diagnostic (flag high-risk employee cohorts)
Drafting and bargaining priorities
Recommended next steps and sequencing
For example, the tool walks through key risk areas such as:
Whether classifications align with actual roles (page 😎
Whether employees are genuinely better off under the agreement (page 16–18)
Download the assessment tool
Access your Preliminary Enterprise Agreement Compliance Assessment
The real insight: most risk is created before bargaining
If this tool surfaces risks — that’s a good thing.
Because what we see consistently is:
Organisations don’t struggle in bargaining because they lack effort —
they struggle because they enter bargaining unprepared.
Common issues include:
Agreements that won’t pass BOOT without major rework
Misaligned workforce coverage
Outdated clauses that trigger legal or approval issues
No clear strategy linking compliance, cost and negotiation
Build capability before it matters most
Our Effective Enterprise Bargaining Representative Workshop is designed to help leaders and representatives move beyond diagnostics — and build the capability to navigate bargaining with confidence.
In this workshop, you’ll learn how to:
Interpret compliance risks and translate them into bargaining strategy
Manage BOOT, NES and approval requirements in practice
Develop clear bargaining positions and negotiation frameworks
Navigate claims, counter claims and trade-offs effectively
Lead or participate in bargaining with credibility and control
Who this is for
APS and public sector leaders
HR and workplace relations practitioners
Employer and employee bargaining representatives
Executives responsible for bargaining strategy
Upcoming workshop dates
📅 14 April 2026 – Almost full
📅 14 July 2026 – Now open
Secure your place
Why Humanify HR
Humanify HR supports organisations across Australia to navigate enterprise bargaining, leadership and complex workplace relations challenges.
We combine:
Practical bargaining experience
Deep knowledge of APS and regulatory environments
A focus on real-world application — not just theory
Start with the tool. Build capability with us.