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Bargaining for a multi-enterprise agreement can only occur where 2 or more employers voluntarily agree to bargain together.
A majority support determination is not available in respect of a multi-enterprise agreement.
This means that, apart from in the low-paid bargaining stream, bargaining for a multi-enterprise agreement can only occur where 2 or more employers voluntarily agree to bargain together for a multi-enterprise agreement.
Bargaining orders are not available in respect of a multi-enterprise agreement.
Bargaining representatives for both single-enterprise agreements and multi-enterprise agreements must meet the good faith bargaining requirements.
However, apart from in the low-paid bargaining stream, a bargaining representative for a multi-enterprise agreement cannot make an application for a bargaining order.
A single-enterprise agreement can replace a multi-enterprise agreement before the multi-enterprise agreement has passed its nominal expiry date.
In general, a new enterprise agreement will not apply to an employee until an earlier enterprise agreement that applies to the employee has passed its nominal expiry date.
However, a multi-enterprise agreement may be replaced by a single-enterprise agreement before the multi-enterprise agreement has passed its nominal expiry date.[1]
[1] Fair Work Act s.58(3).