Enterprise bargaining – minor technical deficiencies can derail the whole process

If your business is considering making an enterprise agreement, you must strictly comply with the procedural requirements of the Fair Work Act 2009 (FW Act) and ensure you use the newly amended Notice of Employee Representational Rights. For those who have already commenced bargaining, small mistakes made during the bargaining process may mean the parties' agreement cannot be approved and the entire bargaining process must start all over again, which can be very costly and frustrating for all parties.

Updated Notice of Employee Representational Rights

When commencing bargaining with employees for a new enterprise agreement, employers must take all reasonable steps to give employees a Notice of Representational Rights (Notice).