Even former bargaining representatives have a right to know the enterprise agreement has been lodged for approval

A Full Bench of the Fair Work Commission has determined that the Fair Work Commission Rules require an employer, when lodging an application for the approval of an enterprise agreement, to notify not only existing but also former bargaining representatives of the application.  The failure to do so amounts to a denial of natural justice.  Former bargaining representatives do not have an automatic right to be heard but can make an application to be heard on the application.  The failure to notify the former bargaining representative of the application being lodged denied them the opportunity to make an application to be heard at the approval of the agreement.   In this particular instance, the former bargaining representative that was a union had notified the employer that it wanted to be notified when the agreement was lodged for approval but the employer failed to notify the union.

It is important to appreciate that the failure to notify all bargaining representatives of the application to the agreement means the agreement could not be approved or, as it was on this instance, the agreement was later invalidated on appeal. 

National Union of Workers v Sigma Company Limited T/A Sigma Healthcare [2017] FWCFB 3892 

If you would like to know more about this case and enterprise bargaining obligations, please contact National Workplace Lawyers on (02) 9233 3989.

National Workplace Lawyers

Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.