Introduction
After a consultation period has started, one of the negotiating entities must tell eligible regulated workers about the proposed agreement by giving them a notice.
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Telling the workers
This will happen after the consultation notice has been given.
It is done by giving the eligible regulated workers a notice.
Either of the negotiating entities can do this, with the consent of the other entity. The entity must make reasonable efforts to give the notice to the eligible regulated workers.
Eligible regulated workers include:
- for a proposed employee-like worker collective agreement – each eligible employee-like worker
- for a proposed road transport collective agreement – each eligible regulated road transport contractor.
See section 536MN(1) of the Fair Work Act 2009.
Definitions
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Notifying entity: the entity that gives the consultation notice (this can be either a union or a regulated business).
Receiving entity: the entity that the consultation notice is given to (this can be either a union or a regulated business).
Together they are known as the negotiating entities.
For the definition of eligible regulated workers please see section 536MN(3) and (4) of the Fair Work Act.
What the notice must set out
The notice to eligible regulated workers does not need to follow a specific format but it must set out:
- the regulated business that will be covered by the proposed collective agreement
- the class of regulated workers that will be covered by the proposed collective agreement and that the regulated worker to whom the notice is given is included in that class
- the organisation that will sign the proposed collective agreement on behalf of the regulated workers, and
- the matters proposed to be dealt with in the proposed collective agreement.
See section 536MN(2) of the Fair Work Act 2009.