Content, validity and filing of the agreement
Step 1 / 2·The floor principle: better, never worse
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Learning objectives — after this module you will:
- Apply the principle that an agreement must improve on the law
- Tell suitable content from unsuitable content
- Know validity, term and the filing procedure
The floor principle: better, never worse
Understand why a signed clause can still be void.
A collective labour agreement is an agreement between the workforce and the employer on working conditions. The founding principle: its content must not contravene the law and should be more favourable to employees than the law requires.
The direct consequence: a clause granting less than the statutory minimum is void, even though both sides signed it. Signature does not legitimise anything below the floor.
What belongs in an agreement and what does not
| Belongs in | Does not belong in |
|---|---|
| Allowances, meal money and travel support above current levels | Clauses that merely restate the law word for word — they add nothing |
| More annual leave or personal leave than the statutory minimum | Entitlements below the law — the clause will be void |
| Commitments on training, grade progression and working conditions | Purely operational matters that change with the season |
| A mechanism for dialogue and issue resolution between bargaining rounds | Long-term absolute financial commitments the business may not sustain for the full term |
Do not commit to what you cannot hold for the whole term
An agreement runs for one to three years. A generous financial commitment signed in a good year becomes a binding burden in a hard one. Consider tying commitments to business performance measures rather than to absolute figures.