Enterprise Bargaining: Notice of Employee Representational Rights
One of the first steps in the enterprise agreement bargaining process is the issuing by an employer of notices of employee representational rights (‘Notices’) to relevant employees. The requirement to issue a Notice stems from section 173 of the Fair Work Act 2009 (Cwlth) (the ‘Act’). Disputes often arise between employers and unions or other employee bargaining representatives with respect to the content and distribution of Notices. The purpose of this paper is to summarise the purpose of a Notice and the procedural requirements that employers must adhere to when issuing Notices.