The enterprise agreement making process requires adherence to
strict legislative steps before employees are allowed to vote on an
agreement. Some may recall the difficult lesson learned by Peabody
Energy in 2014, when its hard fought enterprise agreement was
scuttled by the Fair Work Commission because of a
staple1.
Since 2014, there have been other notable rejections by the Fair
Work Commission of agreements that have otherwise been negotiated
by 'sophisticated' bargaining parties, because of
discrepancies in adhering to the relevant legislative steps. To
name only a few, these have included:
- where the Notice of Employee Representational Rights was placed
on company letterhead2;
