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ARTICLE · 07 NOVEMBER 2016

Fair Work Commission enforces strict approach to enterprise bargaining procedure

Cooper Grace Ward
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This decision demonstrates the FWC's strict interpretation of the procedural requirements of enterprise bargaining.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
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The Full Bench of the Fair Work Commission (FBFWC) has taken a non-negotiable stance on compliance with the procedural requirements of enterprise bargaining in the Fair Work Act 2009 (Cth) (FWA).

In Uniline Australia Limited [2016] FWCFB 4969, the FBFWC upheld the FWC's decision to reject an enterprise agreement on the basis that Uniline failed to comply with the obligation to issue a Notice of Employee Representational Rights (NERR) to employees within the required time limits.

Section 173(3) of the FWA requires an employer to issue an NERR to each employee covered by the enterprise agreement as soon as practicable, and not later than 14 days, after the notification time for bargaining has commenced.

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