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Chapter 2Terms and conditions of employment

Part 2-4Enterprise agreements

Division 3Bargaining and representation during bargaining

Regulation2.04

Part 2-4—Enterprise agreements

Division 3—Bargaining and representation during bargaining

2.04Notice of employee representational rights—how notice is given

(1) For subsection 173(5) of the Act, each of the following is a manner in which the employer for a proposed enterprise agreement may give employees who will be covered by the agreement notice of the right to be represented by a bargaining representative for the agreement.

(2) The employer may give the notice to the employee personally.

(3) The employer may send the notice by pre-paid post to:

(a) the employee's residential address; or

(b) a postal address nominated by the employee.

(4) The employer may send the notice to:

(a) the employee's email address at work; or

(b) another email address nominated by the employee.

(5) The employer may send to the employee's email address at work (or to another email address nominated by the employee) an electronic link that takes the employee directly to a copy of the notice on the employer's intranet.

(6) The employer may fax the notice to:

(a) the employee's fax number at work; or

(b) the employee's fax number at home; or

(c) another fax number nominated by the employee.

(7) The employer may display the notice in a conspicuous location at the workplace that is known by and readily accessible to the employee.

(8) Subregulations (2) to (7) do not prevent the employer from using another manner of giving the notice to the employee.

2.05Notice of employee representational rights—prescribed form

For subsection 174(1A) of the Act, the notice of employee representational rights in Schedule 2.1 is prescribed.

2.06Appointment of bargaining representatives—independence

A bargaining representative of an employee must be:

(a) free from control by the employee's employer or another bargaining representative; and

(b) free from improper influence from the employee's employer or another bargaining representative.

20

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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