Bargaining is the process by which one or more employers and employees negotiate the terms and conditions which will be included in an agreement.
Either side may be represented in the process by a bargaining representative.
Bargaining on a proposed enterprise agreement begins when the employer agrees to bargaining or initiates bargaining, or when a majority support determination comes into operation, or a scope order comes into operation or a low-paid authorisation that specifies the employer comes into operation. This is known as the notification time.
If a majority of employees want to bargain with the employer to make a new agreement under the terms of the Fair Work Act 2009 (the Act) and the employer refuses, a bargaining representative for the employees can apply to the Fair Work Commission for a majority support determination under s.236 of the Act.
If the Commission makes this determination the employer is required to bargain with their employees to make a new agreement.
Use Form F30, which can be found on our Forms page
The employer must take all reasonable steps to notify employees of the right to be represented as soon as practicable, and not later than 14 days, after the notification time.
The notice is given by providing employees with an exact copy of the Notice of employee representative rights provided in Schedule 2.1 of the Fair Work Regulations 2009. The notice cannot contain any other content.
The notice should be given to each employee who will be covered by the agreement and who is employed at the notification time.
If a new person is employed after the notification time and the notice has already been provided, then the new person does not need to be given the notice.
Note: A vote cannot occur until at least 21 days after the last Notice of representative rights has been given.
This does not apply to a greenfields agreement as those employees to be covered by the agreement have not yet been employed.
The following are bargaining representatives:
Those involved in the bargaining process, including bargaining representatives, are required to bargain in good faith.
The following are the good faith bargaining requirements that a bargaining representative for a proposed enterprise agreement must meet:
The good faith bargaining requirements do not require a bargaining representative to: