Introduction
When you make a single enterprise agreement, you must tell employees about their rights. This includes their right to have a representative during the bargaining process.
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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.
To tell employees about their rights, create the Notice of employee representational rights (NERR).
Give access, or a copy, to each employee who:
- the proposed agreement will cover
- is employed at the notification time for the agreement.
The deadline is no more than 14 days after the bargaining process starts.
An employer's bargaining representative may do this.
You do not need to provide a NERR to your employees if:
- your notification time is on or after 6 June 2023 AND
- you are making a multi-enterprise agreement AND
- you inform them of their right to be represented with enough time and in a way that they have a reasonable opportunity to be represented in bargaining for the agreement.
The Statement of Principles on Genuine Agreement outlines what other requirements will apply to you.
See Section 173 of the Fair Work Act 2009.
For help to understand the NERR, contact member.assist@fwc.gov.au. We aim to respond within 2 business days.
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Create the NERR for single-enterprise agreement
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Use the simple tool to create the Notice you must give employees.
Distribute the NERR to employees
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The deadline to give employees the notice is 14 days after bargaining starts.