Are you sure whether you need a bargaining representative to begin your Enterprise Bargaining Process?
We have the answer for you! Employers and employees may appoint any person as their bargaining representative for a proposed enterprise agreement.
Bargaining representatives are entitled to bargain for enterprise agreements and depending on the type of agreement will usually be entitled to apply to the Fair Work Commission for orders and determinations relating to enterprise bargaining. Bargaining representatives are also entitled to represent a person in other types of matter before the Commission.
Once bargaining for a proposed enterprise agreement has commenced, all bargaining representatives are required to recognise and bargain with the other bargaining representatives for the proposed agreement.
Bargaining representatives are required to meet the good faith bargaining requirements.
Who can be a bargaining representative?
Depending on the type of enterprise agreement you choose to make determines who can be appointed as a bargaining representative.
The most common enterprise agreement are single-enterprise agreements which allow:
- a union (by default if an employees is a member);
- an employer that will be covered by the agreement;
- a representative appointed by an employer or employee; or
- an employee covered by the agreement.
If you have chosen to develop an Greenfields or Multi- enterprise agreement, refer to www.fwc.gov.au for bargaining representatives associated with these agreements.
Benefits of a bargaining representative
Having a bargaining representative ensures good faith bargaining occurs whilst negotiations are made between the employer and their employees. The bargaining representative will:
- attend, and participate in, meetings at reasonable times;
- disclose relevant information (other than confidential or commercially sensitive information) in a timely manner;
- respond to proposals made by other bargaining representatives for the agreement in a timely manner;
- give genuine consideration to the proposals of other bargaining representatives for the agreement, and giving reasons for the bargaining representative’s responses to those proposals;
- refrain from capricious or unfair conduct that undermines freedom of association or collective bargaining;
- recognise and bargain with the other bargaining representatives for the agreement.
Requirements of a bargaining representative
Organisations that are bargaining representatives are required to disclose financial benefits that they will or could get because of a term of the proposed agreement.
A disclosure statement is required which outlines the details of the relevant financial benefits.
- In the event the employer creates a disclosure document, it must be made available to their employees.
- If a union or employer organisation creates a disclosure statement, the documents must be given to the employer, who then make it available to their employees.
If the above is not undertaken, this can result in monetary penalties which can be found at www.fairwork.gov.au.
You can access fact sheets and further information on corrupting benefits and the disclosure requirements for bargaining representatives from the Registered Organisations Commission website at www.roc.gov.au
