Employers experienced in the enterprise bargaining process are likely to be aware of the strict requirements in the Fair Work Act 2009 (Cth) with respect to the distribution of the Notice of Employee Representational Rights (NERR).For some, this knowledge may have come at the cost of bitter experience: through the rejection of an application for approval of an enterprise agreement, caused by.. This note considers the current approach of the Full Bench of the Fair Work Commission to strict compliance with the requirements that Notices of Employee Representational Rights contain the content, and are in the form, required by the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth).
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On 3 April 2017, the Notice of Employee Representational Rights used to formally commence bargaining for enterprise agreements will be updated. The final paragraph of the Notice will be changed to eliminate confusion that has led to a number of enterprise agreements being rejected by the Fair Work Commission.. The right to representation arises when discipline is within the employer's "reasonable" contemplation, which is an objective test. (b) The union representative's role in disciplinary meetings is to act as an observer, advocate, spokesperson and advisor. (c) The employer was obligated to include in an investigation meeting notice a.
