Part 2–4 of the Fair Work Act 2009 (Cth) (FW Act) provides a legislative framework for the making of enterprise agreements between national system employers and employees (or their representatives). Broadly speaking, an enterprise agreement is a collective agreement made at the enterprise level which deal with some (but not necessarily all) of the terms and conditions of employment of the employees to whom they apply.

The bargaining process for an enterprise agreement commences when:

• the employer initiates or agrees to a request from the employees or their unions to bargain

• a majority support determination comes into effect

• a scope order comes into effect; or

• a low-paid authorisation that specifies the employer comes into operation.

See Majority support determinations, Scope orders and Low-paid authorisations and FWC involvement in low-paid bargaining.

Each of these events triggers what is known as a notification time. As soon as practicable, and not later than 14 days after the notification time, the employer must take all reasonable steps to notify the employees who will be covered by the proposed agreement of their right to be represented by a bargaining representative. Such notice must be given in the form of a notice of employee representational rights (NERR).

See Notice of employee representational rights.

Employees and employers may appoint bargaining representatives to represent them during the bargaining process.

Bargaining representatives play a key role in the collective bargaining framework operating under the FW Act.

Part 2–4 contains provisions relating to the appointment and revocation of appointment of bargaining representatives.

These provisions allow for a considerable degree of choice as to whom employers and employees may appoint as their bargaining representative, while also providing that a union is the default representative of any of its members who will be covered by an agreement (unless they appoint someone else).

See Bargaining representatives.

Bargaining representatives for a proposed greenfields agreement are subject to special rules as a result of the unique circumstances in which such agreements are made. These rules are covered in the Guidance Note: Bargaining representatives for a greenfields agreement.