An overview of legal procedure & case law
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
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
Approval process
See Fair Work Act 2009 s.181
When an employer believes a suitable proposed enterprise agreement has been negotiated with the other bargaining representatives, the employer may put the proposed enterprise agreement to a vote of the employees to be covered by the agreement.
Before an employer requests that employees approve a proposed enterprise agreement by voting for the agreement, the employer must comply with certain requirements set out in the Fair Work Act.
See Fair Work Act s.182
A single-enterprise agreement that is not a greenfields agreement is made if the employees who will be covered by the agreement approve the proposed agreement with a majority vote.
A majority vote occurs when a majority of employees who cast a valid vote, vote to approve the enterprise agreement.