Enterprise agreement negotiation workflow
Enterprise bargaining is as much procedure as it is commercial negotiation. The statutory timelines and access period requirements are strict, and getting them wrong is the most common reason the Fair Work Commission refuses approval.
This is an 8-step workflow for bargaining and approving an enterprise agreement under Part 2-4 of the Fair Work Act 2009 (Cth). It covers notification, good faith bargaining, BOOT, access, voting, and Fair Work Commission approval.
Before you start
- Confirmed coverage and the relevant modern award benchmark
- Stakeholder map of unions, delegates, and employee representatives
- Current roster, wage, and classification data
- Approved bargaining mandate from the client
The workflow
Issue the Notice of Employee Representational Rights
Issue the NERR to all employees to be covered within 14 days of agreeing to bargain or the initiation day. Use the prescribed form exactly.
Identify bargaining representatives
Identify all bargaining representatives — default union representatives, nominated employee reps, and the employer rep. Maintain a representative register.
Bargain in good faith
Hold bargaining meetings, disclose relevant information, respond to proposals, and avoid capricious conduct. Keep minutes of each meeting.
Run the Better Off Overall Test
Model the proposed agreement against the relevant modern award on a BOOT basis for each classification and roster pattern. Document the analysis.
Finalise the draft agreement
Finalise the draft agreement including coverage, term, wages, classifications, hours, leave, consultation, dispute resolution, and any flexibility term.
Run the 7-day access period
Provide the draft agreement and explanatory material to employees at least 7 days before the vote opens. Explain the terms in a way suited to the workforce.
Hold the vote
Run the vote (in-person, postal, or electronic). Record who voted and the result. A valid majority of those who cast a valid vote is required.
Apply for Fair Work Commission approval
Lodge Form F16 (or F16A) with the FWC within 14 days of the vote, attach the statutory declarations, and respond to any undertakings the Commission requests.
What you will have at the end
An approved enterprise agreement made under Part 2-4 of the Fair Work Act 2009 (Cth), covering the nominated employees and replacing any prior agreement or award reliance.
Common issues
- NERR issued late or using non-prescribed wording
- Access period shorter than 7 clear days
- Explanation of terms not suited to the workforce (language, literacy, shift access)
- BOOT modelling incomplete for casual or irregular classifications
- Form F16 statutory declarations missing critical detail
Run this workflow on a real matter
Quillio generates NERRs, models the BOOT against the benchmark award, and drafts the Form F16 declarations. See /practice-areas/employment-lawyers or /free-trial.
General guide only — not legal advice. Timelines and procedure are strict; confirm the current Fair Work Act position before each step.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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