An overview of legal procedure & case law
In many cases, bargaining commences consensually at the invitation of either an employee bargaining representative or the employer, and negotiations between bargaining representatives proceed in good faith.[1]
Employer initiates or agrees to bargain for a proposed enterprise agreement
Employer issues employees with a notice of employee representational rights
Employees may appoint bargaining representatives
Good faith bargaining
Representatives bargain for a proposed enterprise agreement
Bargaining
Employer asks employees to approve proposed enterprise agreement (by voting)
Bargaining representative lodges enterprise agreement with the Commission for approval
The Commission approves enterprise agreement
[1] JJ Richards & Sons Pty Ltd v Transport Workers’ Union of Australia [2010] FWAFB 9963 (Lawler VP, O’Callaghan SDP, Bissett C, 22 December 2010) at para. 64, [(2010) 202 IR 180].