The process to make an agreement

An employer or employee may want a new enterprise agreement. If the employer does not agree to start the process, the employee may apply for a determination to force them.

• Understand the timeframes to follow
• Plan how to communicate with employees
• If you need to, Apply for a ‘majority support determination’ to start the process.

At the start of bargaining, the employer must tell employees of their right to representation.

• For single-enterprise agreements, follow the process to create and distribute the NERR
• Appoint bargaining representatives
• Watch our short videos Understanding pay, entitlements and agreement making to learn about the bargaining process and how enterprise agreements are made and approved
• Download our written summary Understanding bargaining
• Read our Making an enterprise agreement case study to see how a small business tailored pay and entitlements for their workplace
• Make sure representatives bargain in good faith
• Ask us to help resolve a bargaining dispute.

The employer creates the terms and conditions of the agreement. They negotiate on these with employees or their representatives.

• Know what you must include or exclude
• Check the agreement makes employees ‘better off overall’
• Avoid common errors when you write the agreement.

The employer must give employees access to the right documents before they vote.

• Explain the terms of the agreement to the employees it covers
• Give employees specific information during the access period
• Tell employees how and when to vote by the start of the access period
• Make a note of how and when employees vote.

If the agreement is accepted (‘made’) after voting, apply for approval within 14 days.

• Check your application is ready to lodge
• Find out the standards we look at for your agreement
• Fill out the application.

An agreement is not active unless the Commission approves it. The Member may ask for an undertaking* to correct a minor issue or defect before approval.

• Write an undertaking if we ask you to. We may also ask you for a submission or more information.
• Find a Commission decision
• Search for an agreement.