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Showing posts with the label Enterprise agreement drafting

Enterprise agreement drafting: the value of getting it right - and the way to do it

I nvolving a lawyer with experience in enterprise agreements and keeping good notes can ensure your enterprise agreement gets it right. In the 1983 hit "Words", singer F.R. David famously sang "Words don't come easy to me". While that lament was in the context of expressing love, the same problem can sometimes afflict those who draft enterprise agreements. Or perhaps the problem is not in finding the right words, but in putting them together. It's been noted by courts that those drafting enterprise agreements are sometimes more concerned with "expressing an intention in ways likely to have been understood in the context of the relevant industry and industrial relations environment than with legal niceties or jargon" (Kucks v CSR Ltd) While that approach might make sense in the heat of negotiations, and in light of the need for enterprise agreements to be practical, living documents easily understood by management and employees alike, it...