When you decide to make an enterprise agreement under the Fair Work Act, you must take all reasonable steps to give each employee who will be covered by the agreement a notice of their right to be represented by a bargaining representative.
Employees joining your organisation after this notice is issued cannot claim that they should have received the notice. However, all employees who will be covered by the agreement, regardless of when they became employees, can appoint a bargaining representative at any time up until the vote on the agreement.

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