Employers may need a voting request order to ask their employees to vote on a multi-enterprise agreement.
On this page:
As an employer, you need to ask your employees to vote on a proposed multi-enterprise agreement. You must have written approval from all relevant employee organisations before holding the vote.
If you don’t get written approval from the employee organisations, you can apply to us for a voting request order. A voting request order allows you to ask your employees to vote for a proposed multi-enterprise agreement or a variation of a multi-enterprise agreement without needing approval from the relevant employee organisations.
Who can apply for a voting request order
A bargaining representative for the agreement can apply for a voting request order if a multi-enterprise agreement is proposed.
If a variation to a multi-enterprise agreement is proposed, you can apply for a voting request order if you are:
- an employer covered by the enterprise agreement, or
- an employee organisation covered by the enterprise agreement, or
- an affected employee for the variation.
What we will consider
We must make a voting request order if we are satisfied that:
- each employee organisation’s failure to provide written approval allowing you to ask your employees to vote, was unreasonable in the circumstances, and
- if the request relates to a proposed multi-enterprise agreement, asking the employees to vote would not be inconsistent with or undermine good faith bargaining.
See section 240B of the Fair Work Act.
How to make an application
If you would like to make an application for a voting request order, you can use Form F1.