Document ID: chunk:federal_register_of_legislation:F2023L00551:clause:1_4:p4
Version: federal_register_of_legislation:F2023L00551
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 4/8)
Character Range: 9534–12595

explaining this, subject to paragraph 9:

        (a) where a proposed enterprise agreement will replace an existing enterprise agreement—it will generally be sufficient to explain:

             (i) the differences in entitlements and other terms and conditions between the proposed agreement and the existing agreement, and

             (ii) the differences in entitlements and other terms and conditions between the proposed agreement and any applicable modern award provisions that have been varied since the existing agreement was made (including award variations that have not yet come into effect), or

        (b) where a proposed enterprise agreement will not replace an existing enterprise agreement—it will generally be necessary to explain the differences in entitlements and other terms and conditions between the proposed agreement and any applicable modern award.

    9.             In explaining to employees how the proposed enterprise agreement will alter their existing minimum entitlements and other terms and conditions of employment, there is usually no need to explain trivial differences between the proposed agreement and an existing enterprise agreement or modern award that have no effect on employees' entitlements or obligations.

    10.         Section 180(5) will generally not be satisfied if the employer makes an incorrect representation or misleads employees (by words, action or otherwise) about a significant term of the proposed enterprise agreement or its effect.

    11.         In determining whether section 180(5) has been complied with, the FWC may have regard to any explanation of the proposed enterprise agreement given to employees by one or more employee organisation(s) acting as bargaining representative(s) for a significant proportion of the employees to be covered by the agreement.

    12.         Subject to paragraph 13, an employee may be provided with the explanation required by section 180(5):

        (a) by giving the employee, or ensuring the employee has access to, a hard copy of the explanation

        (b) by electronic means (either by sending the explanation to the employee, or by sending the employee a link to the explanation or otherwise giving the employee access to the explanation online)

        (c) orally, but the FWC may take into account whether there is a written record or summary kept of the oral explanation, or

        (d) by a combination of the above methods.

    13.         Where an employee is provided with the explanation required by section 180(5) in part or full by the method in paragraph 12(a) or 12(b), the employee should have a reasonable opportunity to read the explanation. Where an employee is provided with the explanation required by section 180(5) in part or full by the method in paragraph 12(c), the employee should have a reasonable opportunity to attend the oral explanation.

    14.         Section 180(5)(b) of the Fair Work Act requires the explanation of the proposed enterprise agreement to be provided in an appropriate manner taking