Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 173

Notice of employee representational rights

Employer to notify each employee of representational rights

             (1)  An employer that will be covered by a proposed enterprise agreement that is not a greenfields agreement must take all reasonable steps to give notice of the right to be represented by a bargaining representative to each employee who:

                     (a)  will be covered by the agreement; and

                     (b)  is employed at the notification time for the agreement.

Note:          For the content of the notice, see section 174.

Notification time

             (2)  The notification time for a proposed enterprise agreement is the time when:

                     (a)  the employer agrees to bargain, or initiates bargaining, for the agreement; or

                     (b)  a majority support determination in relation to the agreement comes into operation; or

                     (c)  a scope order in relation to the agreement comes into operation; or

                     (d)  a low-paid authorisation in relation to the agreement that specifies the employer comes into operation.

Note:          The employer cannot request employees to approve the agreement under section 181 until 21 days after the last notice is given (see subsection 181(2)).

When notice must be given

             (3)  The employer must give the notice as soon as practicable, and not later than 14 days, after the notification time for the agreement.

Notice need not be given in certain circumstances

             (4)  An employer is not required to give a notice to an employee under subsection (1) in relation to a proposed enterprise agreement if the employer has already given the employee a notice under that subsection within a reasonable period before the notification time for the agreement.

How notices are given

             (5)  The regulations may prescribe how notices under subsection (1) may be given.



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