See Fair Work Act 2009 ss.173–174; Fair Work Regulations reg. 2.04, 2.05
An employer that will be covered by a proposed enterprise agreement that is not a greenfields agreement must take all reasonable steps to give notice of the right to be represented by a bargaining representative to each employee who:
- will be covered by the agreement, and
- is employed at the notification time for the proposed agreement.
A notice of employee representational rights (Notice) does not have to be given in circumstances where the employer has already given the employee a Notice within a reasonable period before the notification time for the agreement. For example, if an employer issues an employee with a Notice at the time the employer agrees to bargain, the employer is not required to issue another Notice to that employee if a scope order subsequently varies the group of employees who will be covered by the agreement, provided the Notice was issued within a reasonable period of the scope order.