Adding employers and their employees to a supported bargaining agreement

From 6 June 2023, a supported bargaining agreement may be varied to cover additional employers and their employees.

A variation may be made:

• jointly by the employers and their employees, or
• by a union, if a majority of the employees to be covered want to be covered.

The variation has no effect unless it is approved by the Commission.

There are also provisions to remove employers and employees from multi-enterprise agreements.

Employers and their employees can agree to vary a supported bargaining agreement to be included in the coverage of the enterprise agreement. This is known as a joint variation.

To indicate agreement, the employer is to hold a vote for the affected employees. A majority must genuinely agree to the variation.

The employer must then apply to the Commission to approve the variation. The employer has 14 days after voting closes to apply.

Unless there are serious public interest grounds, the Commission must approve the application if:

• if the supported bargaining authorisation application had specified the affected employees and their employer the Commission would have been required to make the authorisation
• a majority of the affected employees who cast a valid vote approved the variation, and
• the variation has been genuinely agreed.

A union covered by a supported bargaining agreement can apply to vary the agreement to cover additional employers and their employees.

A majority of the additional employees must want to be covered by that agreement.

The Commission must determine if it is appropriate for the employees to be covered by the agreement. It will take into account:

• the views of the employer
• the views of any other unions covered by the agreement
• the same aspects we must take into account when deciding whether or not to make a supported bargaining authorisation. That is, pay and conditions, common interests, bargaining representation and any other appropriate matters. (You can find more detail about these on the New supported bargaining agreements page.)