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Circular 2017/1: New Notice of Employee Representational Rights
- The Fair Work Regulations 2009 (Regulations) have been amended to clarify content in the Notice of Employee Representational Rights (Notice). The amendment is available on the Federal Register of Legislation.
- The new Notice will apply on and from 3 April 2017.
- Notices that were issued before 3 April 2017 are not affected by these amendments.
- The Fair Work Act 2009 (the Act) requires an employer that will be covered by a proposed enterprise agreement to provide employees with a Notice as soon as practicable, and no later than 14 days after the 'notification time' for the agreement.
- There have been a number of enterprise agreements rejected by the Fair Work Commission on the basis of an incorrect Notice. Further information can be found in Circular 2016/7W.
- The recent amendments modify the Notice prescribed in Schedule 2.1 of the Regulations by replacing the words in the last paragraph of the Notice under the heading 'Questions' with a new paragraph. Specific contact details for the Fair Work Ombudsman and Fair Work Commission will no longer be required.
- The new Notice also references the correct provision of the Act.
Implications for agencies
- Agencies currently bargaining do not need to take any action.
- Agencies agreeing to bargain on or after 3 April 2017 must use the new prescribed Notice.
Further information and advice
- For further information or advice, agencies can contact their APSC Relationship Manager, or email workplacerelations [at] apsc.gov.au.