Negotiating Employment Agreements

Updated for ERA Amendment Act 2010


Learning Objective

To learn and practice the skills required to conduct negotiation sessions for Employment Agreements, from either side of the table, with the objective of stable, long-term, mutually profitable relationships.

Target Audience

Employers and Employees, Unions and Bargaining Agents. The course is not biased towards any particular viewpoint.


Win-win negotiation: Setting the rules, context and environment, planning for flexibility, preparation, planned alternate strategies, looking for common needs, playing the ‘if-then’ game, power tactics, finding durable solutions. ‘Devil’s advocate rehearsals’. Video-based case study. Practical team role-play sessions.

Communication: Mechanics of communication, verbal/written comparisons, use of simple language, body signals, filters & screens, positive questioning techniques, real listening, restatement techniques, importance of affinity & reality to shared understanding.

The Act: A brief look at the ERA (copy of Act provided), with particular attention to terms such as ‘Good Faith’, ‘Harsh & Oppressive’, ‘Duress’, “Undue Influence’, ‘Partial Lockout’, and with case studies to illustrate.

The Agreement: Study of a sample “For Training Purposes Only” Agreement, as a discussion point.

Practical exercises are sprinkled throughout.


Length: 1 full day

Format: Interactive workshop

Optimum number of participants/facilitator: 15

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