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

2025 Calendar

Reflections on 2024 and what’s ahead for 2025

5 Feb 2025

As we ease into the New Year, we reflect on key employment law trends and learnings from 2024, and consider what lies ahead in 2025 – the Year of the Wood Snake.

View
Man Pocketing Money

Fair Work Wage Theft Laws Commence

24 Jan 2025

Wage theft is now a federal crime under amendments to the Fair Work Act 2009 (Cth) that commenced on 1 January 2025. Employers caught intentionally underpaying staff now risk significant fines, and i ...

View
Law and Justice Banner

Delegates’ Rights to be enshrined in legislation

2 Sep 2024

As part of the Closing the Loopholes Amendments to the Fair Work Act 2009 (Cth) (the Act) which received royal assent on 14 December 2023, there are a number of changes to workplace delegates’ r ...

View