Fair Work Commission

Multi-enterprise: 2 or more employers agree to bargain together

Bargaining for a multi-enterprise agreement can only occur where 2 or more employers voluntarily agree to bargain together.

A majority support determination is not available in respect of a multi-enterprise agreement.

This means that, apart from in the low-paid bargaining stream, bargaining for a multi-enterprise agreement can only occur where 2 or more employers voluntarily agree to bargain together for a multi-enterprise agreement.

Multi-enterprise: Bargaining orders are not available

Bargaining orders are not available in respect of a multi-enterprise agreement.

Bargaining representatives for both single-enterprise agreements and multi-enterprise agreements must meet the good faith bargaining requirements.

However, apart from in the low-paid bargaining stream, a bargaining representative for a multi-enterprise agreement cannot make an application for a bargaining order.

Single-enterprise agreement can replace a multi-enterprise agreement

A single-enterprise agreement can replace a multi-enterprise agreement before the multi-enterprise agreement has passed its nominal expiry date.

In general, a new enterprise agreement will not apply to an employee until an earlier enterprise agreement that applies to the employee has passed its nominal expiry date.

However, a multi-enterprise agreement may be replaced by a single-enterprise agreement before the multi-enterprise agreement has passed its nominal expiry date.^[1]

Reference