Fair Work Act 2009

The FWC must, by legislative instrument, make a statement of principles for employers on ensuring that employees have genuinely agreed to an enterprise agreement.

The FWC must publish the statement on the FWC’s website and by any other means that the FWC considers appropriate.

The statement must deal with the following matters:

informing employees of bargaining for a proposed enterprise agreement;

informing employees of their right to be represented by a bargaining representative;

providing employees with a reasonable opportunity to consider a proposed enterprise agreement;

explaining to employees the terms of a proposed enterprise agreement and their effect;

providing employees with a reasonable opportunity to vote on a proposed agreement in a free and informed manner, including by informing employees of the time, place and method for the vote;

any matter prescribed by the regulations for the purposes of this paragraph;

any other matters the FWC considers relevant.

The statement is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the statement.