The Fair Work Act 2009 requires that a minimum of 21 clear days pass between the issue of the last notice of employee representational rights and the employer requesting that employees approve the agreement by voting. The Fair Work Act does not otherwise regulate the length of time for bargaining to take place.
The length of bargaining will vary depending on a number of factors, such as the nature of the relevant industry, the number of bargaining representatives and the number of issues about which the representatives can agree.
In some circumstances, where an employer requests employees to vote to approve a proposed agreement, employees may vote not to approve the agreement. Bargaining can continue after employees have voted not to approve the agreement.