Adding or removing employers from a supported bargaining authorisation

An employer can apply to us to vary a supported bargaining authorisation to remove their name.  

We must vary the authorisation to remove the employer’s name if we are satisfied that a change in the employer’s circumstances means it is no longer appropriate for the employer to be named in the supported bargaining authorisation.

If an employer is removed from an authorisation, they will no longer be able to be included in the proposed supported bargaining agreement.
 

To apply to vary a supported bargaining authorisation to add the name of an employer, you must be either:

• the employer
• a bargaining representative of an employee who will be covered by the proposed agreement to which the authorisation relates, or
• an employee organisation (union) that is entitled to represent the industrial interests of an employee in relation to work to be performed under that agreement.

If an application is made, then we must add the employer’s name to the authorisation if we are satisfied that it is in the public interest to do so, considering:

• if the employees are in an industry, occupation or sector that has been declared by the Minister—the declaration, and any other appropriate matters
• if the employees are not in a declared industry, occupation or sector, whether it is appropriate for the employers and employees to bargain together.

To consider whether it is appropriate for the employers and employees to bargain together, we must consider the same matters as when deciding whether to make a supported bargaining authorisation:

• pay and conditions
• common interests
• bargaining representation, and
• any other appropriate matters.

However, we cannot vary the authorisation if:

• the proposed multi-enterprise agreement to which the authorisation relates would cover employees in relation to general building and construction work, or
• the proposed employees are covered by a single-enterprise agreement that has not passed its nominal expiry date (and was not made by the employer to avoid the authorisation).
• Where an employer and all their employees are covered by a supported bargaining agreement or a workplace determination that is in operation, it will be taken that we have varied a supported bargaining authorisation to remove the employer.

Once a supported bargaining agreement is made, it may also be varied in certain circumstances. See here for information on adding employers from the supported bargaining agreement once made. For other types of changes, find more information on changing a multi-enterprise agreement. 

Fair Work Act 2009: Section 244