Process to make and register a collective agreement

A regulated business or a union starts the consultation period for a proposed collective agreement.

They need to:

• give a consultation notice to the other entity to the agreement – this says that they (the notifying entity) are proposing to make a collective agreement, and
• give a copy of the consultation notice to us on the same day.

We will publish a copy of the consultation notice on Consultation notices for collective agreements.

A negotiating entity must make reasonable efforts to give a notice to eligible regulated workers. The other negotiating entity must consent to the notice being given to:

• each eligible employee-like worker for a proposed employee-like worker collective agreement, or
• each eligible regulated road transport contractor for a proposed road transport collective agreement.

Once a collective agreement has been made, either entity can apply to us to register the agreement.

The application must include a signed copy of the collective agreement and a declaration signed by both the regulated business and the union covered by the collective agreement.

The Member must be satisfied that the collective agreement meets the requirements set out in the Fair Work Act 2009.

We will publish a copy of the agreement and declaration to our website.

We will email these details to the parties in the application.

The collective agreement will start:

• on the date it is registered, or
• a later date if specified in the agreement.