Commission approvals held back by minor errors

24 May, 2017

The Fair Work Commission will be holding back enterprise agreements with minor flaws until the Government passes proposed legislation allowing it to approve agreements where employers have made minor mistakes in the approval process.

A large number of enterprise agreements are not being approved because an incorrect or outdated version of the Notice of Employee Representational Rights (which explains employees bargaining rights) was handed to employees at the commencement of the bargaining process.

Despite the errors being minor the Fair Work Commission currently has no discretion to ignore such deficiencies.

The complex process for making enterprise agreements provides multiple opportunities for even the most experienced employer or union to make a minor error that invariably forces the parties to recommence the bargaining process. 

Whilst the proposed changes won’t make the process easier, it will make it easier to have agreements approved.

A decision on the legislation is expected in the coming weeks.

For further information on enterprise bargaining contact CCI on 9365 7660 or email