Can an EBA be overruled?

An employee doesn't usually sign an enterprise agreement but usually signs a letter of offer that can point to an EA for all or certain conditions.
An EA is usually negioated between a group of workers or their representitive and management.Any new employees on that jobsite will\should be on the EA,
Have you signed a contract or letter of offer.
Also perhaps you are on a national EA this would cover multible sights across Australia.What may be proposed is a sight specific EA.This proposal usually comes from workers that believe that the site is significantly different to any other and the entitlements should reflect this

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Originally Posted by SlowRide

By FIFO I mean offshore FIFO. I'll not mention names but it's a pipelay north of Dampier. Offshore rosters are always 3 on/3 off, or 2 on/2 off if you're lucky. Days off mid-swing? Lol!

So I take it seperate agreements can't be used to nullify seen 'benefits' in an EBA? The EBA i've signed onto is specific to this project and scope, but there's also an umbrella agreement for all company projects within WA and NT... but it's a non-specific agreement, not an EBA contract.


As for contacting the company - not a chance. They're like dealing with entitled children with guns... but in their bloodlust to attack the benefits scheme they're beginning to slip into a realm of lawless fantasy.

No doubt the unions will no doubt come in to bat for us, but I want an external perspective on my situation before I personally illicit their help on the matter... just so I can line all my ducks up in a row.

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Good luck with this, what your doing is correct as often the union rep has no specific knowledge of your site or EBA so the more paperwork you have, the better your outcome. So a printout of EBA and any correspondence from the company. Go to FWA if they won't give you an original copy as any registered EBA's are there to see online.
Could you please, please keep us updated as One of us could be going through similar interesting times in the future.;)

in some cirumstances yes and easily.

but usually only when the EBA has been signed off on and is in contrivance to ASS or other primary regulations.

(offering incentives for driving beyond legal driving hours/limits is the best example I can think of)

I understood contracts had to conform to the applicable EBA and could not deviate from it without the written approval of all parties. You really need some expert advice.

seek outside advice. I'm not sure whether they can change an eba or not throughout the term of an existing eba, but even if so it still has to be negotiated and voted upon and certainly they cannot AFTER the fact;' you've already done the work according to an agreed set of terms, can't change the rules afterwards. And in any case for an eba pass it has to pass the .. ACCC? and has to be at least equal to what you would get on award. Award would give you penalty rates for the OT...