Change to enterprise bargaining procedure

We have previously reminded employers that when negotiating an enterprise bargaining agreement the correct procedure must be followed or the Fair Work Commission (FWC) will reject the proposed agreement (see previous article here). If rejected, the bargaining process must begin again, wasting employers valuable time and resources.

One common error has been the inclusion of an incorrect telephone number for the FWC’s Infoline on the Notice of Employee Representational Rights, a notice employers must give employees at the notification time of bargaining. The inclusion of incorrect contact details has caused the FWC to reject otherwise satisfactory enterprise agreements.

In an effort to reduce some of these minor errors, the regulations regarding the Notice of Employee Representational Rights will change effective 3 April 2017. The main change will be omitting any specific telephone number for the FWC and including that employees may also contact the Fair Work Ombudsman.

Getting the enterprise bargaining process right from the outset is critical. We urge all employers to seek legal advice when preparing to bargain an enterprise agreement to ensure compliance, both in procedure and substance, with the Fair Work Act 2009 and applicable regulations.

If you have any questions or would like further information, please contact:

Jim Rutherford
Principal
T 03 5226 8579
E jrutherford@ha.legal

Sonia McCabe
Senior Associate
T 03 5226 8558
E smccabe@ha.legal

Jenni Walker
Lawyer
T 03 5226 8577
E jwalker@ha.legal