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ARTICLE · 20 MAY 2016

Representation Notices: Get them right, or start bargaining all over again

Corrs Chambers Westgarth
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FWC decisions highlight the difficulties that some employers face with the issuing of notices of representational rights.

AustraliaEmployment and HR
Alan Colman
Alan Colman
Ruth Hart
Ruth Hart
Anthony Forsyth
Anthony Forsyth
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Fair Work Commission (FWC) decisions continue to highlight the difficulties some employers face with the issuing of Notices of Representational Rights. These notices are given to employees at the commencement of bargaining for a new enterprise agreement.

Getting the issuing of the notices right is extremely important, as the FWC will refuse to approve an agreement where certain mandatory steps – including provision of the notices to employees in the correct form – have not been taken.

ISSUING REPRESENTATION NOTICES: WHAT DOES THE FAIR WORK ACT REQUIRE?

Section 173 of the Fair Work Act 2009 (Cth) (FW Act) requires an employer to take all reasonable steps to give notice of the right to be represented in bargaining, to all employees who will be covered by a proposed enterprise agreement:

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