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Reminder to employers not to alter representational rights notice

AREEA senior workplace policy adviser Lisa Matthews examines new amendments to the Fair Work Act affecting notice of representational rights to employees following two decisions handed down by the Fair Work Commission in recent weeks.

TWO recent Fair Work Commission decisions serve as reminders for employers that they must not amend the prescribed “notice of employee representational rights” they must give to workers at the commencement of bargaining.

Commissioner John Ryan recently rejected two agreements, one covering De Neefe Signs and another covering Sims E-Recycling, because they deviated from the form of notice prescribed in Schedule 2.1 of the Fair Work Regulations.

Changes to s174 of the Fair Work Act that took effect on 1 January 2013 prohibit employers from amending the required notice, the purpose of which is to let employees know they are entitled to nominate a bargaining representative for enterprise agreement negotiations.

In relation to the Sims E-Recycling agreement, the notice of representational rights purported to tell employees they had to appoint a bargaining representative within seven days of the notice being issued. That change was not permitted under the legislation, Commissioner Ryan said.

In relation to the De Neefe Signs agreement, the commissioner did not detail the particular change the employer made but simply relied on the legislation to reject the agreement, along with the one covering Sims.

For the required form of the notice of employee representational rights, click here.

AREEA’s policy experts can offer advice on this and many other workforce issues. To contact your local AREEA office for more information, click here.

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