Commonwealth Consolidated Acts

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

FAIR WORK ACT 2009 - SECT 180

Employees must be given a copy of a proposed enterprise agreement etc.

Pre-approval requirements

             (1)  Before an employer requests under subsection 181(1) that employees approve a proposed enterprise agreement by voting for the agreement, the employer must comply with the requirements set out in this section.

Employees must be given copy of the agreement etc.

             (2)  The employer must take all reasonable steps to ensure that:

                     (a)  during the access period for the agreement, the employees (the relevant employees ) employed at the time who will be covered by the agreement are given a copy of the following materials:

                              (i)  the written text of the agreement;

                             (ii)  any other material incorporated by reference in the agreement; or

                     (b)  the relevant employees have access, throughout the access period for the agreement, to a copy of those materials.

             (3)  The employer must take all reasonable steps to notify the relevant employees of the following by the start of the access period for the agreement:

                     (a)  the time and place at which the vote will occur;

                     (b)  the voting method that will be used.

             (4)  The access period for a proposed enterprise agreement is the 7-day period ending immediately before the start of the voting process referred to in subsection 181(1).

Employees must be given copy of disclosure documents etc.

          (4A)  If an organisation gives the employer a document under section 179 by the end of the fourth day of the access period for the agreement, the employer must take all reasonable steps to ensure that the relevant employees:

                     (a)  are given a copy of the document as soon as practicable after it was given to the employer; or

                     (b)  are given access to a copy of the document as soon as practicable after it was given to the employer and have access to that copy throughout the remainder of the access period for the agreement.

Note:          This subsection is a civil remedy provision (see Part 4-1).

          (4B)  If the employer is required to prepare a document under section 179A, the employer must take all reasonable steps to ensure that the relevant employees:

                     (a)  are given a copy of the document by the end of the fourth day of the access period for the agreement; or

                     (b)  are given access to a copy of the document by the end of that fourth day and have access to that copy throughout the remainder of the access period for the agreement.

Note:          This subsection is a civil remedy provision (see Part 4-1).

          (4C)  The employer must not knowingly or recklessly make a false or misleading representation in the document that the relevant employees are given a copy of or access to under subsection (4B).

Note:          This subsection is a civil remedy provision (see Part 4-1).

Terms of the agreement must be explained to employees etc.

             (5)  The employer must take all reasonable steps to ensure that:

                     (a)  the terms of the agreement, and the effect of those terms, are explained to the relevant employees; and

                     (b)  the explanation is provided in an appropriate manner taking into account the particular circumstances and needs of the relevant employees.

             (6)  Without limiting paragraph (5)(b), the following are examples of the kinds of employees whose circumstances and needs are to be taken into account for the purposes of complying with that paragraph:

                     (a)  employees from culturally and linguistically diverse backgrounds;

                     (b)  young employees;

                     (c)  employees who did not have a bargaining representative for the agreement.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback