An agreement can only be approved by a vote of workers employed at the time of the vote and covered by the agreement. The request for approval of the agreement and the vote are not separate phases of the voting process. The voting process begins when a worker is able, for the first time, to vote validly for the approval of the agreement, and not at an earlier stage when an employer can make the ballot available to workers. [7] The rate of pay of a worker under an enterprise agreement must not be lower than the corresponding rate of pay under the modern bonus that would apply to the worker or to a national minimum wage scale. At least 7 days before the vote, workers must be informed of the time, place and nature of the vote. In addition, the employer may provide any worker with a written copy of the agreement and material collected during the access period. The employer may also forward staff members to available copies before the start of the access period. Negotiations on enterprise agreements can take time. Once the negotiations are over, you should let the approval process go as smoothly as possible. We can contribute to a fair and transparent vote that meets the requirements of the Fair Work or the State Industrial Relations Commission for each electorate or sector. b) the staff concerned have access to a copy of these documents throughout the period of access to the agreement. An enterprise agreement must not contain illegal content.

Although there are no longer individual legal contracts under the Fair Work Act 2009, workers and employers can enter into an Individual Flexibility Agreement (IFA) that varies the terms of an enterprise agreement to meet the needs of the worker and employer. In the recent decision of the Construction, Forestry, Sea, Mining and Energy Union and Ors/CBI Constructors Pty Ltd [2018] FWCFB 2732 (CBI appeal decision), the FWC Bank found that the employer, CBI Constructors, had not informed its employees at the beginning of the period, location and method of voting. If the parties fail to agree on the terms of a proposed enterprise agreement, a representative of the negotiations may ask the Commission for assistance in fair work. (c) workers who did not have negotiators for the agreement. A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. The voting procedure described in paragraph 1 of the Fair Labour Act is the procedure characterized by an employer covered by a proposed enterprise agreement that “requires workers employed on that date and under the agreement to approve the agreement by voting in favour of it”. The employer is asking for the agreement to be approved by vote. [6] (a) the terms of the agreement and the impact of these conditions are explained to the workers concerned; and workers must approve the agreement by voting in support. Voting can only take place if workers have been informed of their right to negotiate at least 21 days after the day.