Enterprise Bargaining: Change to Basic Form

Stephen Booth

It is well established that employers must adhere strictly to the form of Notice or Representational Rights (NEER) mandated by the Fair Work Regulations.  

Changes to the Regulations introduce a new form, which means that all forms of NERR used previously will be out of date, and that use of an outdated form will place the ensuing enterprise agreement at risk of not being approved by the Fair Work Commission (FWC), so that the parties will have to begin the whole formal process of notice, bargaining, agreement and ballot again.

The changes relate to the places an employee may seek information (now both the FWC and the Fair Work Ombudsman) and a minor change to a reference to the legislation.

The changes will apply from Monday, 3 April 2017. Do not use the new form before then, and do not use old forms afterwards. After that date, check the Fair Work Regulations for the revised form, or if you need help with this or any other issues about enterprise agreements, please contact: