Introduction
When you create an agreement, you need to communicate with employees during the process. Write a plan at the start so you don’t miss a deadline or forget anyone.
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Content
The laws covering agreement making changed on 6 June 2023. Use this information if your notification time is before 6 June 2023. If notification time for your application is on or after 6 June 2023, see Changes to making Agreements for a summary of the new laws.
Introduction
The process to create a new single or multi-enterprise agreement can be complex. You must follow the process, which includes giving information to employees at the right time.
The date calculator for single enterprise agreements can help you plan.
What you must give employees
Information you must give employees includes:
- a copy of the NERR – the Notice of Employee Representational Rights
- access to a copy of the agreement and any incorporated material such as an incorporated award
- information about how and when to vote
- information to explain the terms and effect of the agreement
- updates during the bargaining and approval process.
You must think about the needs and situation of all employees. You are responsible for taking 'reasonable steps' to communicate with them all.
Examples of ‘reasonable' steps
‘Reasonable’ depends on the situation. It can mean making an effort for employees who need help or may be away.
Reasonable steps include:
- Give information to the employee in person or mail it to their home address.
- Add information to your work intranet and send employees a link.
- Display information at work in places that are easy for employees to see and access.
- Organise for bargaining representatives to run a meeting to explain the effect of the agreement on your behalf.
You do not have to do all of these. You may also choose other ways to communicate with employees.
Employees who need help or extra information
Think about how you usually communicate with employees. Ask yourself whether you have any employees who need extra help, such as those who:
- do not speak or read English as their first language
- have a disability and need information in a different way
- are junior employees and may not understand complex information.
Employees who are away from the workplace
Consider who will not be at work on the day you have to give them information. Some people may be:
- on a rostered day off
- on personal or carer’s leave
- on short- or long-term sick leave
- on parental leave
- on long-service leave.
Material you need to keep
When you apply for approval, you must give us copies of any information you gave employees during bargaining. This may include:
- emails or letters
- posters or notices
- any other material you gave them.