Document ID: chunk:federal_register_of_legislation:F2023L00551:clause:1_4:p5
Version: federal_register_of_legislation:F2023L00551
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 5/8)
Character Range: 12322–15409

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 into account the particular circumstances and needs of the employees. In determining whether the explanation of the proposed enterprise agreement was given in an appropriate manner, in addition to taking into account the circumstances and needs of the kinds of employees in section 180(6), the FWC may take into account:

        (a)                the location(s) where employees are working

        (b)               the environment(s) in which work is performed (for example, office, workshop, field, operating equipment or machinery, driving between locations)

        (c)                facilities available at the location(s) or in the environment(s) in which work is performed (for example, internet access, computer facilities, ability for employees to access mobile telephones while working, printing/copying facilities, private space for employees to consider material or information)

        (d)               hours of work or rosters which may limit access to relevant facilities or limit the time employees have to consider materials or information

        (e)                the circumstances and needs of employees who are absent from a workplace due to their roster cycle or for other reasons, and

        (f)                the nature of the work performed by the employees.

NOTE 1: Under section 180 of the Fair Work Act, before an employer requests that employees vote on a proposed enterprise agreement, 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 employees employed at the time who will be covered by the agreement (section 180(5)(a)), and
   (b) the explanation is provided in an appropriate manner taking into account the particular circumstances and needs of those employees (section 180(5)(b)).

Section 180(6) provides that, without limiting section 180(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 section 180(5)(b):
   (a) employees from culturally and linguistically diverse backgrounds
   (b) young employees, and
   (c) employees who did not have a bargaining representative for the agreement.

NOTE 2: Section 188(5) provides that the FWC may disregard minor procedural or technical errors in relation to section 180(5), provided that it is satisfied that the employees were not likely to have been disadvantaged by the errors.

Providing employees with a reasonable opportunity to vote on a proposed agreement in a free and informed manner, including by informing the employees of the time, place and method for the vote

    15.         Employees should be given a reasonable opportunity to vote on a proposed enterprise agreement in a free and informed manner.