When employers prepare an agreement, they must give employees a valid Notice of Employee Representational Rights (NERR). Use our tools and templates to avoid problems.
The laws covering agreement making changed on 6 June 2023. Use this information if your notification time is before 6 June 2023. If notification time for your application is on or after 6 June 2023, see Changes to making Agreements for a summary of the new laws.
The following are examples of problems that mean the NERR may not be valid.
The form or content of the NERR are wrong
- The NERR does not include the relevant paragraph about low paid authorisation.
- The scope is narrower than or very different from the scope of the agreement.
The employer misses the timeframe
The employer needs to take reasonable steps to give the NERR to employees, if the proposed agreement covers them. You need to meet the deadlines to give them the NERR:
- no later than 14 days after notification time
- at least 21 days before employees vote on the agreement.
Use the date calculator for single-enterprise agreements to work out the deadlines.
Some employees do not receive the NERR
Employers must try to give the NERR to all employees including those on leave. You need to take ‘all reasonable steps’ when you communicate with employees.
The employer does not explain how they gave the NERR to employees
We need to know how you gave the NERR to employees. When you apply for approval using Form F17, tell us:
- the dates you gave the NERR to employees
- the steps you took to try and reach all employees.