Document ID: chunk:federal_register_of_legislation:F2023L00551:clause:1_4:p3
Version: federal_register_of_legislation:F2023L00551
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 3/8)
Character Range: 6944–9835

3: Section 188(5) provides that the FWC may disregard minor procedural or technical errors in relation to sections 173 and 174, 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 consider a proposed enterprise agreement

    4.             The employer should provide employees with a reasonable opportunity to consider a proposed enterprise agreement before voting on it, so that the employees can vote in an informed manner.

    5.             The employer will be taken to satisfy paragraph 4 if, a reasonable time period before the start of the voting on the proposed agreement, the employer provides to employees who are entitled to vote on the agreement:

        (a) a full copy of the agreement, and

        (b) a full copy of any other material incorporated by reference in the agreement.

    6.             In paragraph 5, a reasonable time period will include:

        (a) at least 7 full calendar days before the day on which voting starts (for example, if the voting is to start on 9 May, employees are to be given the materials on or before 1 May), or

        (b) such other reasonable time period as is agreed with one or more employee organisation(s) acting as bargaining representative(s) for a significant proportion of the employees to be covered by the agreement.

    7.             The employer may provide the material specified in paragraph 5 to an employee:

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

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

        (c) by a combination of the above methods,

    provided the employee has a reasonable opportunity to access and read the material during the whole of the period from the time the material is provided until completion of the voting process.

Explaining to employees the terms of a proposed enterprise agreement and their effect

    8.             Section 180(5)(a) of the Fair Work Act requires the employer to take all reasonable steps to explain the terms of a proposed enterprise agreement, and the effect of those terms, to employees employed at the time who will be covered by the agreement. This should include at a minimum explaining to employees how the proposed agreement will alter their existing minimum entitlements and other terms and conditions of employment. In 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