Important
An employer cannot request that a vote to approve a proposed enterprise agreement be held until at 21 clear days after the day on which the last notice of employee representational rights (in relation to the proposed enterprise agreement) was given.[1]
Note: See above the separate requirements for commencing an access period before the employer requests that employees vote on the proposed agreement.
Example
If the employer gave the last notice of employee representational rights on Wednesday, 3 February 2016, the employer cannot request that employees vote to approve the proposed agreement until at least Thursday, 25 February 2015.
Simply, when calculating 21 days, the day on which you gave the last notice of employee representational rights is not included – it is 21 days after that day.