Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SECT 174

Content and form of notice of employee representational rights

Application of this section

             (1)  This section applies if an employer that will be covered by a proposed enterprise agreement is required to give a notice under subsection 173(1) to an employee.

Notice requirements

          (1A)  The notice must:

                     (a)  contain the content prescribed by the regulations; and

                     (b)  not contain any other content; and

                     (c)  be in the form prescribed by the regulations.

          (1B)  When prescribing the content of the notice for the purposes of paragraph (1A)(a), the regulations must ensure that the notice complies with this section.

Content of notice--employee may appoint a bargaining representative

             (2)  The notice must specify that the employee may appoint a bargaining representative to represent the employee:

                     (a)  in bargaining for the agreement; and

                     (b)  in a matter before the FWC that relates to bargaining for the agreement.

Content of notice--default bargaining representative

             (3)  If subsection (4) does not apply, the notice must explain that:

                     (a)  if the employee is a member of an employee organisation that is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement; and

                     (b)  the employee does not appoint another person as his or her bargaining representative for the agreement;

the organisation will be the bargaining representative of the employee.

Content of notice--bargaining representative if a low-paid authorisation is in operation

             (4)  If a low-paid authorisation in relation to the agreement that specifies the employer is in operation, the notice must explain the effect of paragraph 176(1)(b) and subsection 176(2) (which deal with bargaining representatives for such agreements).

Content of notice--copy of instrument of appointment to be given

             (5)  The notice must explain the effect of paragraph 178(2)(a) (which deals with giving a copy of an instrument of appointment of a bargaining representative to an employee's employer).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback