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]
Ministerial declaration
Application for a single interest employer authorisation
Application for a single interest employer authorisation
Single interest employer authorisation made by the Commission
Employer issues employees with a notice of employee representational rights
Employees may appoint bargaining representatives
Good faith bargaining
Representatives bargain for a proposed enterprise agreement
Employer asks employees to approve proposed enterprise agreement (by voting)
Bargaining representative lodges enterprise agreement with the Commission for approval
The Commission approves enterprise agreement
The types of employers who can apply for a single interest employer authorisation are franchisees, and, where approved by a Ministerial declaration, employers such as schools in a common education system and public entities providing health services.[2]
An application for a single interest employer authorisation must specify:
If an application has been made, the Commission must make a single interest employer authorisation if it is satisfied that:
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:
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:
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]