Section 180 — Fair Work Act 2009 (Cth)

Pre‑approval requirements

(1) Before an employer requests under subsection 181(1) that employees approve a proposed enterprise agreement by voting for the agreement, the employer must comply with the requirements set out in this section.

Employees must be given copy of disclosure documents etc.

(4A) If an organisation gives the employer a document under section 179 before the voting process referred to in subsection 181(1) starts for the agreement, the employer must take all reasonable steps to ensure that the employees employed at the time who will be covered by the agreement:

(a) are given a copy of the document as soon as practicable after it was given to the employer; or

(b) are given access to a copy of the document as soon as practicable after it was given to the employer and have access to that copy until the voting process starts.

Note: This subsection is a civil remedy provision (see Part 4‑1).

(4B) If the employer is required to prepare a document under section 179A, the employer must take all reasonable steps to ensure that the employees employed at the time who will be covered by the agreement:

(a) are given a copy of the document a reasonable time before the voting process referred to in subsection 181(1) starts for the agreement; or

(b) are given access to a copy of the document a reasonable time before the voting process starts and have access to that copy until the voting process starts.

Note: This subsection is a civil remedy provision (see Part 4‑1).

(4C) The employer must not knowingly or recklessly make a false or misleading representation in the document that employees are given a copy of or access to under subsection (4B).

Note: This subsection is a civil remedy provision (see Part 4‑1).

Terms of the agreement must be explained to employees etc.

(5) The employer must take all reasonable steps to ensure that:

(a) the terms of the agreement, and the effect of those terms, are explained to the employees employed at the time who will be covered by the agreement; and

(b) the explanation is provided in an appropriate manner taking into account the particular circumstances and needs of those employees.

(6) Without limiting paragraph (5)(b), the following are examples of the kinds of employees whose circumstances and needs are to be taken into account for the purposes of complying with that paragraph:

(a) employees from culturally and linguistically diverse backgrounds;

(b) young employees;

(c) employees who did not have a bargaining representative for the agreement.

Related sections

• s 178B — Notified negotiation period for a proposed single‑enterprise agreement that is a greenfields agreement
• s 179 — Disclosure by organisations that are bargaining representatives
• s 179A — Disclosure by employers
• s 180A — Agreement of bargaining representatives that are employee organisations—proposed multi‑enterprise agreements
• s 180B — Agreement of bargaining representatives that are employee organisations—certain proposed single‑enterprise agreements
• s 181 — Employers may request employees to approve a proposed enterprise agreement

Research how courts apply s 180

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