Supported bargaining authorisations

To bargain for a supported bargaining agreement, you must first apply to us for a supported bargaining authorisation. 

Supported bargaining is designed to assist and encourage employers and their employees who may, for various reasons, find it difficult to bargain at a single-enterprise level.

The effect of a supported bargaining authorisation is that the employers specified in it are subject to certain rules in relation to the agreement that would not otherwise apply (such as in relation to bargaining orders).

Learn more about how we can assist parties during bargaining to reach an enterprise agreement that meets their needs. 

To apply for a supported bargaining authorisation you must be:

• a bargaining representative for a proposed multi-enterprise agreement, or
• an employee organisation (union) that is entitled to represent the industrial interests of an employee that will perform work under the proposed agreement.

If you apply for a supported bargaining authorisation and we are satisfied that it is appropriate for the named employers and employees to bargain together we must make an authorisation.

We may decide that the authorisation will only cover some of the named parties.

To decide whether it is appropriate for the employers and employees who will be covered by the agreement to bargain together, we will consider the following factors:

• pay and conditions — what the usual pay and conditions in the relevant industry or sector are, including whether low rates of pay are usual
• common interests — whether the employers have clearly identifiable common interests, such as:
  • a geographical location
  • the type of enterprises and the current terms and conditions of employment in those enterprises
  • being substantially funded by government (state, territory or federal)
• bargaining representation — whether the likely number of bargaining representatives is manageable for a collective bargaining process, and
• other matters — any other matters we consider appropriate. 

At least some of the employees must be represented by a registered employee organisation (union).

We also must also make a supported bargaining authorisation if an application has been made and the employees specified in the application are in an industry, occupation or sector declared by the Minister for Employment and Workplace Relations for this purpose. 

A supported bargaining authorisation must specify the employers and employees that will be covered by the multi-enterprise agreement, along with any other agreed matters. 

If we make an authorisation, it will operate from the day it is made.

Once an employer is included in a supported bargaining authorisation, they can only make a supported bargaining agreement with the employees named in the authorisation and cannot bargain for any other kind of agreement.
 

We cannot make a supported bargaining authorisation:

• if the proposed multi-enterprise agreement would cover employees in general building and construction work, or
• specifying an employee who is covered by a single-enterprise agreement that hasn’t passed its nominal expiry date – unless we are satisfied that the main intention of the employer in making that single enterprise agreement was to avoid being included in the authorisation. 

A supported bargaining authorisation cannot be made for a proposed greenfield agreement.

To apply for a supported bargaining authorisation, use the Form F82.

Once a supported bargaining authorisation is operating, you can apply to us to add or remove employers from it.

Once a supported bargaining authorisation is operating, you can apply to us to add or remove employers from it. 
Fair Work Act 2009: Section 241, Section 242, Section 243, Section 244, Section 245 & Section 246