Are you making an enterprise agreement with your employees? If so, there are 5 things you must do if you want it to be approved by Fair Work Australia:
- You must ensure that you properly explain the terms of the agreement, and the effect of those terms, to your employees.
- Your employees must not vote on the agreement until at least 21 days after they are given a “notice of representational rights” – and recognise those rights! (See below for a sample template).
- During the 7 day period before voting for the agreement, you must ensure that your employees have a copy of the agreement and access to any other material incorporated by reference in the agreement.
- You must notify your employees of the time and place at which the vote on the agreement will occur and the voting method that will be used.
- A majority of the employees to be covered by the agreement who cast a valid vote must endorse the agreement.
NOTICE OF EMPLOYEE REPRESENTATIONAL RIGHTS
(regulation 2.05) Fair Work Act 2009, subsection 174 (6) XCo Pty Ltd gives notice that it is bargaining in relation to an enterprise agreement to be known as the XCo Enterprise Agreement 2009, which is proposed to cover all employees who are it employed in the classifications set out in the agreement. What is an enterprise agreement? An enterprise agreement is an agreement between an employer and its employees that will be covered by the agreement that sets the wages and conditions of those employees for a period of up to 4 years. To come into operation, the agreement must be supported by a majority of the employees who cast a vote to approve the agreement and it must be approved by an independent authority, Fair Work Australia. If you are an employee who would be covered by the proposed agreement: You have the right to appoint a bargaining representative to represent you in bargaining for the agreement or in a matter before Fair Work Australia about bargaining for the agreement. If you are a member of any of the unions referred to in paragraph 2 and you do not appoint another as your bargaining representative, your union will be your bargaining representative for the agreement. You can appoint a bargaining representative by notifying the person in writing that you appoint that person as your bargaining representative. You can also appoint yourself as a bargaining representative. In either case you must give a copy of the appointment to your manager in order for it the appointment to be effective. Questions? If you have any questions about this notice or about enterprise bargaining, please speak to either your employer, bargaining representative, go to www.fairwork.gov.au, or contact the Fair Work Australia Infoline on 1300 799 675. |
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Regards,
Charles Power
Editor-in-Chief
Employment Law Practical Handbook
Tags: employees, enterprise agreement, enterprise bargaining, fair work australia
