All All Industry Insights Industry News Media Release Member Only Articles NRA Events NRA Legal NRA Partners NRA Projects NRA Training and Development Policy & Advocacy Policy Updates Technology Tenancy & Leasing Testimonials Thought Leaders Weekly CEO Update WHS Update

Enterprise Agreement declined due to inadequate notice

May 20, 2016

This week we look at a recent case which serves as a timely reminder to employers engaging in enterprise bargaining to take note of the time requirements as detailed in the Fair Work Act 2009 (Cth). If you are considering bargaining or if your enterprise agreement is due to expire, call and speak to an NRA Workplace Advisor to discuss the best strategies for your business.

The Fair Work Commission has rejected an application for the approval of an enterprise agreement (EA) as it was not satisfied that there was a genuine agreement and it did not provide employees with a bargaining notice within 14 days.

The Queensland blinds and curtains wholesaler and manufacturer, failed to meet the “genuine agreement” requirements. This was a result of issuing the notice of representational rights more than 14 days after the notification time.

Commissioner Roe found similarly to Vice President Adam Hatcher’s conclusion in Transport Workers Union of Australia v Hunter Operations Pty Ltd that:
“The employer must give the notice as soon as practicable, and not later than 14 days, after the notification time for the agreement.”

Ultimately, the Commission found that an agreement cannot be genuinely agreed too unless it satisfies Section 188 and the Commission cannot approve an agreement unless the correct notice has been issued under Section 173(3).

Commissioner Roe agreed that the agreement’s contents met the requirements of Section 174(1A). However, the Commissioner was not satisfied that there was a genuine agreement and conditions of Section 186 had not been met and therefore he could not approve the agreement.

More information can be found by reading the full case here.
If you have any questions regarding enterprise agreements within your workplace call us on 1800 RETAIL.

Dominique Lamb, Principle of NRA Legal and Director of Legal

NRA Media

  • National Retail Association strengthens support for members on leasing and tenancy
    June 01, 2021

    We are pleased to have strengthened our partnership with Lpc Cresa, a leading advisor to retail tenants across Australia and New Zealand, to assist our…

    Read More
    September 03, 2018

    To download the nomination form, click here

    Read More
  • Closing Loopholes Bill No. 2 passes Parliament 
    February 20, 2024

    Earlier this month, it was confirmed that both Houses of Parliament passed the second tranche of amendments to the Fair Work Act 2009 (Cth) under…

    Read More
  • Jump start your business for 2021 and step ahead of the competition
    November 20, 2020

    2020 has undoubtedly been one of the most challenging years for all of us. It has created unprecedented trends in every industry, and shown retailers…

    Read More
  • NRA members winners in new partnership with Aussie Broadband
    November 16, 2020

    You must be logged in to view this content.

    Read More

What our clients say

Want to chat?
Contact our team today!