EBA Outsourcing Guidelines – delivering a successful remediation project in five steps (2022)

Firms have five months before the deadline to bring legacy outsourcing arrangements into compliance with the European Banking Authority "Guidelines on outsourcing arrangements" ("EBA Guidelines"). In this note, UK outsourcing partner, Tristan Jonckheer, sets out five clear steps to achieve compliance within this short timeframe.

The EBA Guidelines came into effect on 30 September 2019. These guidelines require financial services firms to include specific provisions in their outsourcing contracts. Firms are required to bring legacy outsourcing arrangements into compliance with the EBA Guidelines no later than the next contract renewal date, or 31 December 2021 at the latest.

Notwithstanding Brexit, UK regulators notified the EBA that the UK will comply with the EBA Guidelines. However, due to the COVID-19 pandemic, the PRA and FCA have both confirmed they will give firms in the UK until 31 March 2022 to bring legacy outsourcing arrangements into compliance with the UK's implementation of the EBA Guidelines.Outside the UK, regulators in EU member states have remained committed to the original deadline of 31 December 2021.

As a result, firms are rushing to plan and implement remediation projects across their European operations to bring legacy contracts into compliance with the EBA Guidelines before the deadline. This is a complex task and can be daunting when hundreds of contracts in multiple jurisdictions may be in-scope.

In this note, we have broken down such remediation projects into five distinct steps and set out some tips for delivering these projects in a manageable and efficient manner:

Five steps for delivering a remediation project

EBA Outsourcing Guidelines – delivering a successful remediation project in five steps (1)

Step 1 – Identify in-scope contracts

In-scope firms – do the EBA Guidelines apply to you?

Initially you will need to establish if the EBA Guidelines apply to your firm and, if so, to which aspects of its operations.

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The EBA Guidelines apply to:

  • credit institutions and investment firms subject to the EU Capital Requirement Directive (2013/36/EU). These are banks, building societies and IFPRU investment firms; and
  • payment institutions and electronic money institutions.

As some EU member states have applied their outsourcing guidelines to a broader range of firms, local counsel should be instructed in relevant jurisdictions to advise on the scope of local law implementations of the EBA Guidelines. For example, in the UK the PRA's Supervisory Statement 2/21 (SS2/21) also applies to:

  • insurance and reinsurance firms and groups in-scope of Solvency II, including the Society of Lloyd’s and managing agents (insurers); and
  • branches of overseas banks and insurers (third-country branches).

In-scope jurisdictions – which jurisdictions do you operate in?

Regulators in EU member states have committed to complying with the EBA Guidelines (see compliance table here). Notwithstanding Brexit, the UK will implement the EBA Guidelines, to the extent that they remain relevant post-Brexit.

Firms will therefore need to assess which of their European operations may have arrangements within the scope of the EBA Guidelines.

In-scope contracts – which of the contracts are in-scope of the EBA Guidelines?

Once a firm has identified which aspects of its European operations may be impacted by the EBA Guidelines, it must identify the outsourcing arrangements which are in-scope in each relevant jurisdiction.

The EBA Guidelines apply to any "Outsourcing" arrangements, defined as: "an arrangement of any form between [a firm] and a service provider by which that service provider performs a process, a service or an activity that would otherwise be undertaken by the [firm] itself." This includes unwritten informal arrangements and intra-group outsourcing.

The following arrangements are not "outsourcing":

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  • a function that is legally required to be performed by a service provider (e.g. a statutory audit);
  • market information services (e.g. provision of data by Bloomberg, Moody’s, Standard & Poor’s, Fitch);
  • global network infrastructures (e.g. Visa, MasterCard);
  • clearing and settlement arrangements between clearing houses, central counterparties and settlement institutions and their members;
  • global financial messaging infrastructures that are subject to oversight by relevant authorities;
  • correspondent banking services; and
  • the acquisition of services that would otherwise not be undertaken by the institution or payment institution (e.g. utilities).

The output of this phase of the project should be a list of in-scope outsourcing arrangements, including the relevant information relating to each such arrangement.

Step 2 – Prioritise

Identify critical contracts – does the contract relate to a critical or important function?

When complying with the EBA Guidelines, firms should have regard to the proportionality principle and take into account the complexity of the outsourced functions, the risks arising from the outsourcing arrangement, the criticality or importance of the outsourced function and the potential impact of the outsourcing on the continuity of their activities. In other words, the more critical the outsourcing arrangement, the more important it will be to meet the requirements of the EBA Guidelines.

In addition, some requirements in the EBA Guidelines only apply to critical or important outsourcing arrangements, but not to other (less important) arrangements.

Critical contracts should therefore be identified and prioritised in any project to comply with the EBA Guidelines. This requires a risk assessment of each outsourcing arrangement in the list of in-scope contracts (see Step 1), so the list identifies the critical and important contracts.

The EBA Guidelines set out some criteria to help with this assessment. They also make clear a contract will always be critical or important where:

  • a defect or failure in its performance would materially impair:
    • its continuing compliance with the conditions of their authorisation or its other obligations under the Capital Requirements laws;
    • its financial performance; or
    • the soundness or continuity of its banking and payment services and activities;
  • operational tasks of internal control functions are outsourced, unless the inappropriate provision of the outsourced function would not have an adverse impact on the effectiveness of the internal control function; or
  • it outsources functions that would require authorisation by a competent authority.

Identify renewal dates – will the contract expire or be renegotiated in any event?

For each in-scope contract identified (see Step 1), you should identify the expiry date of the then current term.

If the expiry date is before the deadline for compliance (31 December 2021 (EU); 31 March 2022 (UK)), the contract can usually be excluded from the remediation project. On expiry of such legacy contract, the replacement contract should be compliant with the EBA Guidelines in accordance with the firm's business-as-usual outsourcing policy.

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Step 3 – Gap analysis

Each in-scope outsourcing arrangement should be reviewed against each requirement of the EBA Guidelines, to confirm either that the requirement:

  • has been met and no further action is required; or
  • has not been met and the contract either:
    • must be amended to meet the requirement; or
    • applying the proportionality principle, no further action is required.

This can be done by checking each contract against a checklist and identifying any gaps. A firm should seek expert legal advice before deciding not to remedy any identified non-compliance with the EBA Guidelines.

Where many contracts are within the scope of the review, this can require extensive resources. Critical and important contracts should be prioritised (see Step 2), both as sensible risk management and as firms will need to report any non-compliance in respect of such contracts to their regulators once the deadline has passed.

Firms may stand up a team of paralegals to help to perform reviews against the EBA Guidelines checklist in a fast and cost-efficient manner, particularly where there are large numbers of non-critical contracts (for example, Dentons can use paralegals based in its remote Legal Delivery Centre to perform such reviews).

Step 4 – Develop precedents

Firms should develop a precedent addendum, or set of clauses, which meet the requirements of the EBA Guidelines.

Where the Gap Analysis (Step 3) has identified that a requirement of the EBA Guidelines has not been met, the relevant provisions in the precedent documents can be incorporated into the contract to "fill the gap" by meeting the requirement.

This addendum (or the relevant clauses) may already have been created by the firm for use in new contracts. If not, a new addendum can be drafted.

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Step 5 – Amend contracts

Firms should amend each of the in-scope contracts to remedy any "gap" in compliance with the EBA Guidelines (see Step 3). Again, the most critical arrangements should be prioritised (see Step 2). There are various approaches to achieve this:

The best way to ensure compliance with the EBA Guidelines is to negotiate bespoke contractual amendments with the service provider (via the contractually prescribed Change Control Procedure, or a separate amendment agreement) to remedy any gaps. Firms may use their precedent EBA Guidelines addendum (see Step 4) as a sourcebook for the relevant contractual provisions.

Alternatively, firms may seek to minimise the time required to remedy any gap by requiring the service provider to sign an amendment agreement which contains the EBA Guidelines addendum (or, ideally, only those provisions in the EBA Guidelines addendum which relate to any identified gap).

However, where a service provider is intransigent (often providers of large shared IT platforms or infrastructure), it may refuse to engage in negotiations on its standard contractual terms. In this case, firms may request the service provider's standard EBA addendum. Where the service provider offers such an addendum, this should be carefully checked against the relevant requirements of the EBA Guidelines. Such addendums will often seek to meet the requirements in the least burdensome manner for the service provider and may not go far enough to fully satisfy the requirements of the EBA Guidelines.

If any service provider does not meet the requirements of the EBA Guidelines following negotiations, this must be recorded and addressed, for example through further negotiations, replacement of the service provider or a formal risk acceptance process.

Your project team

Any project to bring legacy contracts into compliance with the EBA Guidelines will be complex. In some projects, there are many hundreds of agreements in-scope. As a result, appointing the right delivery team will be essential to delivering the project efficiently.

The team should include:

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  • Project manager – Legal project management skills will be essential to delivering the project efficiently. Wherever possible, firms should engage specialist project managers, either in-house, or an external legal project management team, to deliver the project.
  • Lead legal adviser – Firms should engage internal or external lawyers with experience of delivering projects to comply with the EBA Guidelines. They will have developed documents to assist with compliance, which can be readily customised, saving time and costs (see Dentons' EBA Guidelines Toolkit below). The lead legal adviser should also act as a single point of contact, managing any local counsel as required (see below).
  • Local counsel – Local counsel will need to be engaged to advise on local implementations of the EBA Guidelines. If your lead legal adviser is a global law firm, such as Dentons, the local counsel will be engaged and managed directly by them.
  • Legal delivery team – Some of the more resource-intensive tasks in the project are more administrative in nature and will not require expert legal advice, in particular many aspects of Steps 3 (Gap analysis) and 5 (Amend contracts). A legal delivery team, consisting of contract managers and paralegals will often be able to perform much of the "heavy lifting" in these steps in a rapid, cost-efficient manner.

Dentons EBA Guidelines Toolkit

Dentons has developed the following tools and resources which will be customised and deployed as appropriate when advising on a firm's EBA remediation project:

  • EBA Scoping Flowchart - A flowchart to help a firm to determine which contracts are in-scope for review against the EBA Guidelines.
  • EBA Critical Contracts Flowchart - A flowchart to help a firm to determine which contracts are critical or important.
  • EBA Guidelines Checklist - A detailed checklist to confirm if the requirements of the EBA Guidelines have been met by an outsourcing contract.
  • EBA Guidelines Addendum – A contractual addendum which can be incorporated into any in-scope contract (in whole or in part) which contains clauses which meet the requirements of the EBA Guidelines.
  • EBA Guidelines Addendum Playbook - A customised playbook (with preferred and fall-back positions) so that the procurement, contract management and legal team can negotiate amendments to the EBA Guidelines Addendum and make appropriate escalations where needed.
  • Dentons' Legal Project Management Team – A specialist team of legal project managers to enable the efficient delivery of your remediation project, on time and to budget.
  • Dentons' Legal Delivery Centre – Project delivery support from our cost-efficient remote paralegal team.
  • Dentons Direct – Advanced collaboration and project workflow tool to host documents and facilitate tracking, reporting and project management.

If you would like to discuss these tools or how Dentons can help to deliver your remediation project, please contact Tristan Jonckheer in our top-ranked Outsourcing team.

FAQs

Who do the EBA outsourcing guidelines apply to? ›

The EBA Guidelines apply to: credit institutions and investment firms subject to the EU Capital Requirement Directive (2013/36/EU). These are banks, building societies and IFPRU investment firms; and. payment institutions and electronic money institutions.

Are EBA guidelines mandatory? ›

The Court also confirms that, while EBA guidelines are not legally binding, supervisory authorities and financial institutions must make every effort to comply with them, that supervisory authorities have to give reasons if they intend not to comply, and that national courts are expected to take EBA guidelines into ...

What is an outsourcing policy? ›

Outsourcing involves the use of a third party service provider in any number of operational functions to perform ongoing activities (including agreements for a limited period), that would normally be undertaken by [LEP] personnel. This policy is designed to manage the risks associated with outsourcing agreements. Scope.

What is EBA compliance? ›

About UsThe EBA is an independent EU Authority which works to ensure effective and consistent prudential regulation and supervision across the European banking sector. Read more. Compliance with EBA regulatory products.

What are the requirements for outsourcing? ›

In fact, the considerations are not unique to software development – they apply almost as well to any product or service you have:
  • Control of core competency. Don't outsource your core competency. ...
  • Intellectual property content. ...
  • Technology level. ...
  • Cost factors. ...
  • Product or services. ...
  • Creative or operational.
11 Jul 2012

What is the purpose of EBA? ›

The EBA is an independent EU agency established in 2011 at the height of the financial crisis. Its objective is to contribute to financial stability across the EU and safeguard the integrity, efficiency and orderly functioning of the EU banking sector.

What is EBA regulatory technical standards? ›

The EBA had been mandated to support the Directive by developing regulatory technical standards (RTS) setting out the details on strong customer authentication and common and secure communication (RTS on SCA and CSC), including its exemptions, and to regulate the access to customer payment account data held in account ...

What does EBA consist of? ›

EbA encompasses a broad set of approaches that include the management of ecosystems and their services to reduce the vulnerability of communities to the impacts of climate change – such as the conservation, sustainable management and restoration of ecosystems, such as forests, grasslands, wetlands, mangroves or coral ...

What is an EBA payment? ›

EBA CLEARING is a provider of pan-European payment infrastructure solutions processing over 17 billion transactions per year. Founded in 1998, the Company is owned by 48 of the major banks operating in Europe and is based on a country-neutral governance model.

What are 5 benefits of outsourcing? ›

Advantages of outsourcing
  • Improved focus on core business activities. ...
  • Increased efficiency. ...
  • Controlled costs. ...
  • Increased reach. ...
  • Greater competitive advantage. ...
  • Offshore outsourcing issues.

What is the main purpose of outsourcing? ›

Companies use outsourcing to cut labor costs, including salaries for their personnel, overhead, equipment, and technology. Outsourcing is also used by companies to dial down and focus on the core aspects of the business, spinning off the less critical operations to outside organizations.

What are the Top 5 reasons companies use outsourcing? ›

Why Do Businesses Outsource?
  • Reduce and control costs of operation (this usually the main reason).
  • Improve the company's focus.
  • Liberate inner sources for new purposes.
  • Increase efficiency for some time-consuming functions that the company may lack resources for.
  • Use external resources as much as possible.

What are the 3 types of enterprise agreements? ›

The three key types of enterprise bargaining agreements are: single enterprise agreements; multi-enterprise agreements; and. greenfield agreements.

How long is an EBA valid for? ›

An enterprise agreement must contain the following terms: a nominal expiry date for the agreement which is no longer than four years from the date the Fair Work Commission approves the agreement.

What happens when an EBA runs out? ›

If an expired enterprise agreement is terminated, the employees' terms and conditions may fall back to the underlying modern award.

What are the 5 steps for success in business process outsourcing? ›

Here is the 5-step process to outsourcing success:
  • Plot and Prepare. It's important that you conduct thorough research when you're seriously considering outsourcing. ...
  • Strike a Partnership with the Right Outsourcing Company. ...
  • Delegate and Restructure. ...
  • Provide Controlled Presence. ...
  • Evaluate the Performance.
5 Jul 2017

What steps should you take when outsourcing a project? ›

5 Steps To Take When Outsourcing a Project
  1. Define Your Goals. The first step for any outsourcing project is to understand what you want from the project. ...
  2. Plan a Budget. ...
  3. Establish Clear Requirements. ...
  4. Choose the Right Partner. ...
  5. Assign Roles and Responsibilities.
11 Mar 2022

What are the four stages of outsourcing? ›

As stated in the article from website China Sourcing, included in the four stages of the cycle used in BPO outsourcing are the following: 1) strategic thinking, 2) evaluation and selection, 3) contact development, and 4) outsourcing management or governance.

What type of platform is EBA? ›

EBA is a platform designed by ENVIRA for the management of environmental data of any kind.

What is EBA testing? ›

Risk analysis and dataOne of the EBA's tasks is to identify and analyse trends, potential risks and vulnerabilities stemming from the micro-prudential level, across borders and sectors with the aim of ensuring the orderly functioning and integrity of financial markets and the stability of the financial system in the EU ...

Why is the EBA single rulebook important? ›

A more resilient European banking sector: A Single Rulebook ensures that prudential safeguards are, wherever possible, applied across the EU and not limited to individual Member States as the crisis highlighted the extent to which Member States' economies are interconnected.

What are the regulatory technical standards? ›

RTS are a set of technical compliance standards that, once endorsed by the European Commission, need to be met by all parties. The Regulatory Technical Standards cover topics such as data security and legal accountability. The RTS were developed by the European Banking Authority.

What is EBA EURO1? ›

Website. www.ebaclearing.eu. It owns and operates major payment infrastructure in Europe for Euro payments between banks. This includes EURO1 for high value payments system, STEP1, a payment system for single euro payments for small and medium-sized banks, and STEP2, a pan-European automated clearing house (PE-ACH).

Who is covered by an EBA? ›

An enterprise agreement (sometimes referred to as an enterprise bargaining agreement or EBA) is a collective employment agreement between one or more national system employers, whichever of their employees are specified in the agreement and any union representing those employees.

What is the difference between an EBA and an Award? ›

In general, all the conditions that are in an award and included in an EBA apply. Where there is an EBA , it overrides the award, and may provide additional or changed conditions. An EBA is generally arrived at through negotiation between the employer and the union, and must be endorsed by Fair Work Australia.

What are the benefits and problems of outsourcing? ›

The Pros And Cons Of Outsourcing
  • You Don't Have To Hire More Employees. When you outsource, you can pay your help as a contractor. ...
  • Access To A Larger Talent Pool. When hiring an employee, you may only have access to a small, local talent pool. ...
  • Lower Labor Cost. ...
  • Lack Of Control. ...
  • Communication Issues. ...
  • Problems With Quality.
17 Jul 2017

What is outsourcing and its benefits? ›

Companies hire outside companies to perform specific tasks as a way to reduce operating costs such as salaries, overhead, equipment and technology. This is known as outsourcing. Outsourcing allows a company to focus on its core aspects by delegating less critical functions to the third-party outside organization.

What are the four main reasons to outsource? ›

Top 10 Reasons for Outsourcing that you may have overlooked all this while
  • Access to Latest/Niche Technology. ...
  • Drive Flexibility & Speed. ...
  • Leverage Professional & Well-established Procedures. ...
  • Free-up Internal Resources. ...
  • Improve Risk management. ...
  • Focus on Core Business. ...
  • Leverage Value Added Services.

What is outsourcing simple answer? ›

Outsourcing is a business practice in which a company hires a third-party to perform tasks, handle operations or provide services for the company.

Which is the best example of outsourcing? ›

Advertising, office and warehouse cleaning, and website development are the best examples of outsourcing. Most business owners delegate authority to outsourced specialists when it comes to bookkeeping, maintenance, recruitment. This helps enterprises to focus most of their resources on the main activity.

What are the important types of outsourcing? ›

A few of the main categories include:
  • Professional outsourcing.
  • IT outsourcing.
  • Manufacturing outsourcing.
  • Project outsourcing.
  • Process outsourcing.
  • Operational outsourcing.

What are five 5 items that enterprise agreements must include? ›

An enterprise agreement sets out the terms and conditions of employment for an employee, including: base rates of pay; allowances; leave entitlements; deductions from pay; working hours; procedures for resolving disputes; union representation rights; redundancy provisions; training obligations; disciplinary procedures ...

What are the 4 types of enterprise? ›

Types of Enterprise
  • Sole Proprietorship.
  • Partnership.
  • Private Limited Companies (Ltd.)
  • Public Limited Companies (PLC)

What are the 4 types of contracts? ›

4 Types of Construction Contracts
  • Lump-Sum Contracts.
  • Cost-Plus-Fee Contracts.
  • Guaranteed Maximum Price Contracts.
  • Unit-Price Contracts.
27 Feb 2020

What is an example of an enterprise agreement? ›

Example. For example, company A (a supermarket) might enter into an enterprise agreement with its employees. According to a provision in the agreeement all employees in the company will be paid above $22 per hour. Additionally, it states that employees working a 6-hour shift are entitled to a paid 15-minute break.

Can an employer change an EBA? ›

Employers and employees can also agree to vary an EBA. These variations, however, do need to be approved by the Fair Work Commission. The variation also needs to be endorsed by a vote and needs to be lodged within 14 days of the change. There is also another way that an EBA can be amended.

Can an enterprise agreement be terminated? ›

Enterprise agreements can be terminated at any time by consent, or by application by one party after the nominal expiry date. Just because an application to terminate an enterprise agreement is made, there is no guarantee that application will be approved.

What are the benefits of an enterprise agreement? ›

What Are The Benefits Of An Enterprise Agreement?
  • Flexibility or consistency regarding employment terms and conditions tailored to the business, e.g. rostering, hours of work,
  • Certainty as to remuneration incorporating penalty rates and allowances, i.e. 'loaded' rates.
6 Jul 2021

How do you negotiate with EBA? ›

What are the steps in negotiating an EBA?
  1. Initiating bargaining. ...
  2. Giving “notice of employee representational rights” to employees. ...
  3. Determining who the bargaining agents will be. ...
  4. Striking a deal. ...
  5. Keeping employees informed. ...
  6. Explaining key terms. ...
  7. Reaching agreement. ...
  8. Requesting a vote.

Can an enterprise agreement override an award? ›

If an enterprise agreement covers your business, it will override the modern award applicable to your industry. However, like modern awards, an enterprise agreement cannot provide anything less than the NES entitlements.

What is outsourcing to a third party? ›

Outsourcing is a business practice in which a company hires a third-party to perform tasks, handle operations or provide services for the company.

Is outsourcing regulated? ›

National Regulations

US federal laws do not specifically regulate outsourcing transactions. Contract law is generally governed by state law, subject to any applicable federal laws (such as laws relating to intellectual property (IP) rights, immigration, export controls and bankruptcy).

Is outsourcing legal in Australia? ›

There are no regulations that apply to legal process outsourcing generally. However, the Australian legal profession is governed by general law duties, statutory duties and professional rules.

What is an EBA in business? ›

The EBA Model and Assessment

The Enterprise Business Agility model provides senior leaders with a strategy and scope for where to invest in order to accelerate and achieve their Enterprise Business Agility transformation vision.

What are 5 benefits of outsourcing? ›

Advantages of outsourcing
  • Improved focus on core business activities. ...
  • Increased efficiency. ...
  • Controlled costs. ...
  • Increased reach. ...
  • Greater competitive advantage. ...
  • Offshore outsourcing issues.

What are the Top 5 reasons companies use outsourcing? ›

Why Do Businesses Outsource?
  • Reduce and control costs of operation (this usually the main reason).
  • Improve the company's focus.
  • Liberate inner sources for new purposes.
  • Increase efficiency for some time-consuming functions that the company may lack resources for.
  • Use external resources as much as possible.

What is the main purpose of outsourcing? ›

Companies use outsourcing to cut labor costs, including salaries for their personnel, overhead, equipment, and technology. Outsourcing is also used by companies to dial down and focus on the core aspects of the business, spinning off the less critical operations to outside organizations.

What are the 4 types of outsourcing? ›

A few of the main categories include:
  • Professional outsourcing.
  • IT outsourcing.
  • Manufacturing outsourcing.
  • Project outsourcing.
  • Process outsourcing.
  • Operational outsourcing.

What are the 4 primary considerations for the best outsourcing choices? ›

Let's take a look at some of the factors to consider for taking outsourcing decisions for your business.
  • 1) Cost Savings. ...
  • ​2) Pricing. ...
  • 3) The Resources and Technology. ...
  • 4) The Ability To Meet Deadlines. ...
  • 5) Minimal Supervision. ...
  • 7) Trustworthiness. ...
  • 9) The Service Level Agreement. ...
  • 10) Communication.

What are the two types of outsourcing? ›

IT Staff Augmentation and Dedicated Teams are the two types of outsourcing that have revolutionized software development. Through them, businesses from all around the world have been able to quickly develop high-quality software solutions designed specifically to match their needs.

Which country is best for outsourcing? ›

Top outsourcing countries to consider

They base their ratings on the country's digital competitiveness, population, total workforce, and literacy rate. According to the report, India and the Philippines are the top two countries for business process outsourcing.

What are some examples of outsourcing? ›

Outsourcing examples include:
  • Manufacturing.
  • Customer service.
  • Business development and sales.
  • Marketing and advertising.
  • Accounts receivable collections.
19 Mar 2019

What are some barriers to outsourcing? ›

They break down into four potential barriers to outsourcing: cost, control, commitment and risk.
  • Concerns Over Cost. The issue of cost is especially critical, because of the very nature of the modern-day omnichannel. ...
  • More Control. ...
  • A Need for Commitment. ...
  • Tackling Risk.
24 Aug 2017

What are five 5 items that enterprise agreements must include? ›

An enterprise agreement sets out the terms and conditions of employment for an employee, including: base rates of pay; allowances; leave entitlements; deductions from pay; working hours; procedures for resolving disputes; union representation rights; redundancy provisions; training obligations; disciplinary procedures ...

How does an EBA process work? ›

An enterprise agreement is between one or more national system employers and their employees, as specified in the agreement. Enterprise agreements are negotiated by the parties through collective bargaining in good faith, primarily at the enterprise level.

What are the 3 types of enterprise agreements? ›

The three key types of enterprise bargaining agreements are: single enterprise agreements; multi-enterprise agreements; and. greenfield agreements.

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