There are a number of ways in which a vote for a proposed agreement can take place. There is no mandatory method of conducting the vote – the method that you choose will depend on the size and operations of your business. Some common voting methods are written ballot, electronically or a show of hands.
It is important that you comply with the timeframes in the Act and give employees at least 7 days’ notice of the vote, including the method.
Find out more about voting methods in the enterprise agreements benchbook on our website.
By the start of the access period, you must take reasonable steps to notify your employees of:
It is important that you notify employees of the time, place and method of the vote by the start of the access period.
Failure to comply with these requirements may mean that the Commission is unable to approve your application.
During the access period, you must take all reasonable steps to ensure you:
Record the steps that you take as you may need to provide evidence when you lodge your application.
Note that material can be incorporated into an agreement even if the agreement doesn’t expressly state that it has been incorporated. For example, if an agreement states that employees must comply with a workplace health and safety (WHS) policy, then that WHS policy may be incorporated even if it doesn’t expressly say that it is incorporated.
It is important that you give employees a copy of the proposed agreement and any incorporated material during the access period or provide employees with access to the proposed agreement and any incorporated material throughout the access period. Incorporated material may include any Awards that are incorporated by reference.
Failure to comply with these requirements may mean that the Commission is unable to approve your application.
It’s important to keep records of any communications between yourself and employees. Copies of emails, memos or material provided to employees during bargaining should be lodged as part of your application for approval.
Use the Date calculator to check that your dates comply with the legislation.