A bargaining representative is the contact point between employees and employers. Their main role is to negotiate the details of the agreement while bargaining 'in good faith'.
Bargaining representatives usually help to:
- Meet all the timeframes for bargaining.
- Have a meeting or discussion about what could be in the agreement.
- Prepare a draft agreement with the terms you would like to include.
- Negotiate on the details of the agreement with other bargaining representatives.
- Tell employees they have the right to representation.
- Apply to us for orders and determinations related to bargaining.
- Make sure the agreement makes each employee better off overall than if they were under the relevant award.
- Complete the application for approval.
- Lodge the application with us to approve the agreement.
The representative may not need to do all these activities. They do need to meet the requirements of 'good faith bargaining'.
How to appoint a representative
A person is only a bargaining representative if:
- they are appointed in writing (by an ‘instrument of appointment’) OR
- they are from a union that is a default bargaining representative.
The person becomes a bargaining representative on the date in the instrument of appointment.
If you are a bargaining representative, keep all documents from employees that show they nominate you. You need to give us these when you apply for approval of the agreement.
What to do with the instrument of appointment
You may need to send a copy of the instrument of appointment to another party in the agreement.
|Who made the appointment?||Who receives a copy of the instrument?|
|An employee who the agreement covers||
The employer of that employee must receive a copy.
An employer who the agreement (not greenfields) covers
A bargaining representative of an employee who the agreement covers, if they ask for it.
An employer who the greenfields agreement covers
|A union that is a bargaining representative for the agreement, if they ask for it.|