FWC updates single enterprise agreement date calculator

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FWC updates single enterprise agreement date calculator

The FWC has updated a tool that helps employers, representatives and bargaining representatives ensure their enterprise agreement process is legally compliant.

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The single enterprise agreement date calculator has been updated on the Fair Work Commission website.

This follows a 21 June 2018 full bench decision (Construction, Forestry, Maritime, Mining and Energy Union and Ors v CBI Constructors Pty Ltd [2018] FWCFB 2732) which clarified the application of the legislative timeframe requirements for the agreement making process.

In particular the decision stated the access period:
  • must be seven (7) clear calendar days
  • notification of the vote must occur by the start of the access period, and
  • the vote must not commence until the day after the end of the access period.
Based on the decision and in accordance with the notification requirements in section 180(3) of the Fair Work Act 2009, it appears that agreements that do not comply with the above may not be able to be approved because of the 'genuinely agreed' requirements in sections 186(2)(a) and 188(a)(i).  

The calculator is a tool to help employers, representatives and bargaining representatives ensure that their process for agreement making and application for approval complies with the legislative timeframes.

Resources on the commission’s website, including the single enterprise agreement date calculator, have been reviewed and updated to ensure compliance with the CBI decision.
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