ARTICLE · 29 MARCH 2017

Enterprise bargaining: change to basic NERR form

Coleman Greig Lawyers

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Do not use the new NERR form for enterprise bargaining before Monday, 3 April 2017, and do not use old forms afterwards.

AustraliaEmployment and HR

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It is well established that employers must adhere strictly to the form of Notice of Representational Rights (NERR) mandated by the Fair Work Regulations.

Changes to the Regulations introduce a new form, which means that all forms of NERR used previously will be out of date, and that use of an outdated form will place the ensuing enterprise agreement at risk of not being approved by the Fair Work Commission (FWC), so that the parties will have to begin the whole formal process of notice, bargaining, agreement and ballot again.

The changes relate to the places an employee may seek information (now both the FWC and the Fair Work Ombudsman) and a minor change to a reference to the legislation.

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