After you finalise the proposed agreement, check it meets all the requirements. Then you are ready to ask employees to vote.
The laws covering agreement making changed on 6 June 2023. Use this information if your notification time is before 6 June 2023. If notification time for your application is on or after 6 June 2023, see Changes to making Agreements for a summary of the new laws.
Follow the deadlines for voting
Use our Date calculator to work out the deadlines you must follow.
The vote must not start until at least 21 days after you gave the last NERR to employees.
You must give employees at least 7 days’ notice of the vote. This is one of the requirements of the ‘access period’.
Make a note of these dates. You will need to give them to us when you apply for approval.
Example of dates
An employer plans to hold a vote for Friday 21 February. This means:
- The access period is from the morning of Friday 14 February to the evening of Thursday 20 February.
- The employer must tell employees how, where and when to vote no later than Thursday 13 February.
Tell employees how, where and when to vote
You can decide the best way for employees to vote or you may discuss the options with bargaining representatives.
For example, you may tell employees to:
- fill out a ballot form and put it in a ballot box
- raise their hands in a meeting
- fill out and post a ballot form (common for employees who are absent or on leave)
- fill out an online ballot form via email or an intranet
- vote by phone, by selecting options from a menu or phoning a 'yes' number or a 'no' number.
The employer may also agree on the option with representatives.
Make a note of any emails or material you give employees during bargaining. You need to give us copies when you apply for approval.
Next step
You are ready to hold the vote. Make sure you record how and when employees vote.