Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 414

Notice requirements--employee claim action

  (1)   Before a person engages in employee claim action for a proposed enterprise agreement, a bargaining representative of an employee who will be covered by the agreement must give written notice of the action to the employer of the employee.

  (2)   The period of notice must be at least:

  (a)   subject to paragraph   (b):

  (i)   if subparagraph   (ii) of this paragraph does not apply--3 working days; or

  (ii)   if the proposed enterprise agreement is a multi - enterprise agreement--120 hours; or

  (b)   if a protected action ballot order for the employee claim action specifies a longer period of notice for the purposes of this paragraph--that period of notice.

Note:   For a proposed cooperative workplace agreement, see subsection   413(2).

Notice of employee claim action not to be given until ballot results declared

  (3)   A notice under subsection   (1) must not be given until after the results of the protected action ballot for the employee claim action have been declared.

Notice requirements--employee response action

  (4)   Before a person engages in employee response action for a proposed enterprise agreement, a bargaining representative of an employee who will be covered by the agreement must give written notice of the action to the employer of the employee.

Notice requirements--employer response action

  (5)   Before an employer engages in employer response action for a proposed enterprise agreement, the employer must:

  (a)   give written notice of the action to each bargaining representative of an employee who will be covered by the agreement; and

  (b)   take all reasonable steps to notify the employees who will be covered by the agreement of the action.

Notice requirements--content

  (6)   A notice given under this section must specify the nature of the action and the day on which it will start.