Introduction
At any time, a person who appointed a bargaining representative may cancel (revoke) the appointment.
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Content
The rules to revoke an appointment are in section 178A of the Fair Work Act 2009.
Enterprise agreements (not greenfields)
For a single or multi-enterprise agreement that is not a greenfields agreement, the employer or the employee may cancel:
- the appointment of a bargaining representative
- the default representation of a member by a union.
They must put this in writing. This document becomes the ‘revocation instrument’. They may have to give a copy of this document to other parties.
| Who revoked the appointment? | Who receives a copy of the revocation? |
|---|---|
| An employee who the agreement covers. | The employer of that employee must receive a copy. |
| An employer who the agreement (not greenfields) covers. | The bargaining representative must receive a copy. A bargaining representative of an employee who the agreement covers, if they ask for it. |
Single-enterprise agreement (greenfields only)
For a greenfields agreement, the employer may cancel the appointment of a bargaining representative if they put it in writing. This document becomes the ‘revocation instrument’. They may have to give a copy of this document to other parties.
| Who revoked the appointment? | Who receives a copy of the revocation? |
|---|---|
| An employer who the greenfields agreement covers. | The bargaining representative must receive a copy. A union that is a bargaining representative for the agreement, if they ask for it. |