informal meeting - Insights - banner - 1900 x 500

New mandatory wording for Notices of Employee Representational Rights: Get the wording right, or start again

Employers must provide employees who will be covered by a proposed enterprise agreement with a Notice of Employee Representational Rights when commencing the enterprise bargaining process. Notices must be in the precise form set out in the Fair Work Regulations 2009 (Cth).

As of today (3 April 2017), the prescribed wording for a Notice of Employee Representational Rights has been slightly amended.

The amendments, which are set out in the Regulations, remove the requirement to include the contact details of the Fair Work Ombudsman and Fair Work Commission Information Line, and update references to relevant provisions of the Act and Regulations. The amendments are intended to reduce some of the common errors being made by employers, and their representatives, when drafting notices of employee representational rights. Even a minor error in a notice can result in an enterprise agreement being rejected by the Fair Work Commission, and an employer being required to restart their bargaining process.

Any notice of employee representational rights issued on or after Monday 3 April 2017 must be consistent, both in form and content, with the new format set out in the Regulations. The notice cannot contain any content that is not prescribed by the Regulations.

Notices of employee representational rights given to employees on or after 3 April 2017 which do not comply with the new prescribed format will be invalid. As a valid notice is required before the Fair Work Commission can approve an enterprise agreement, it is very important that employers adhere to the new wording that is required.

Notices issued in accordance with the Regulations before 3 April 2017 will not be affected by the amendments.

If your organisation is commencing enterprise bargaining, please contact the Workplace Relations, Employment and Safety team for advice on ensuring that your bargaining process commences on the right foot (or, more accurately, using the right notice).

To keep updated with Russell Kennedy's insights, please sign up here

View related insights

office-worker-measuring-temperature-of-business-people-with-face-mask 360 x 240

Can employers make vaccinations and temperature checks mandatory in today’s climate?

3 Jun 2021

As the government’s COVID-19 vaccine rollout progresses, many employers are asking whether they can direct their employees to be vaccinated. At the time of writing this article, the general stance of ...

View
Consoling elderly person - Aged Care 360x240

Reforms to strengthen protections against the use of restraints in aged care to align with protections in disability

2 Jun 2021

The Federal Government has just released the Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Bill 2021 which is due to commence on 1 July 2021.

View
warehouse-and-industry-concept-in-australia-working-in-small-business-360 x 240

The not-so-omnibus bill: what employers need to know about new changes to the Fair Work Act

9 Apr 2021

The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) (the Act) proposed a range of significant changes to Australia’s industrial relations system. In late March, ...

View