Fair Work Commission

Introduction

See Fair Work Act 2009 ss.248–252

Two or more employers that are not single interest employers but that have a close connection to one another may be permitted to bargain for a single-enterprise agreement.

These employers must obtain a single interest employer authorisation by application to the Fair Work Commission.^[1]

Stage in bargaining process

Applying for a single interest employer authorisation

An application for a single interest employer authorisation must specify:

• the employers and employees that will be covered by the agreement, and
• the person (if any) nominated by the employers to make applications under the Fair Work Act if the authorisation is made.

If an application has been made, the Commission must make a single interest employer authorisation if it is satisfied that:

• the employers that will be covered by the agreement have agreed to bargain together
• no person coerced, or threatened to coerce, any of the employers to agree to bargain together, and
• either:
  • the employers are franchisees of the same franchisor or related bodies corporate of the same franchisor (or any combination of these), or
  • the employers are specified in a Ministerial declaration.^[3]

Where the Commission has made a single interest employer authorisation, it comes into operation on the day on which it is made. A single interest employer authorisation ceases to operate on the earlier of the following:

• the day on which the enterprise agreement to which the authorisation relates is made, or
• 12 months after the day on which the authorisation is made (or if the period is extended, at the end of that period).

Varying a single interest employer authorisation

A single interest employer authorisation may be varied to add and remove employer names.^[4]

On application by an employer, the Commission must vary the authorisation to remove the employer's name if it is satisfied that, because of a change in the employer's circumstances, it is no longer appropriate for the employer to be specified in the authorisation.

On application by an employer, the Commission must vary a single interest employer authorisation to add the employer's name if it is satisfied that:

• each employer specified in the authorisation has agreed to the variation
• no person coerced, or threatened to coerce, the employer to make the application, and
• the requirements in relation to employers being franchisees or specified in a Ministerial declaration are met.^[5]

Extending a single interest employer authorisation

A bargaining representative for a proposed enterprise agreement may apply to the Commission to extend the 12 month period for which the single interest employer authorisation is in operation.

The Commission may extend the authorisation if satisfied that there are reasonable prospects that the agreement will be made if the authorisation is in operation for a longer period, and it is appropriate to extend the period.^[6]

References