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ARTICLE · 26 JULY 2022

Employers inadvertent error invalidates enterprise agreement

Holding Redlich
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Article unpacks implications of recent decision & what it means for employers looking to start enterprise agreement negotiations.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
Jennifer Van Bronswijk
Jennifer Van Bronswijk
Author LinkedIn connections

In a notable decision, the Fair Work Commission (Commission) has dismissed an employer's application to approve its enterprise agreement, even though it was voted up by its employees, because the employer failed to comply with the strict Fair Work Act 2009 (Cth) (FW Act) requirements in distributing a Notice of Employee Representational Rights (NERR) to its employees.

In recent years, we have seen a steady decline in the number of enterprise agreements being made. This trend can partly be attributed to the technical requirements to make a valid enterprise agreement.

In this article, we unpack the implications of the decision and what this means for employers looking to commence enterprise agreement negotiations.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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