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Circular 2017/1: New Notice of Employee Representational Rights

  1. The Fair Work Regulations 2009 (Regulations) have been amended to clarify content in the Notice of Employee Representational Rights (Notice). The amendment is available on the Federal Register of Legislation.
  2. The new Notice will apply on and from 3 April 2017.
  3. Notices that were issued before 3 April 2017 are not affected by these amendments.


  1. The Fair Work Act 2009 (the Act) requires an employer that will be covered by a proposed enterprise agreement to provide employees with a Notice as soon as practicable, and no later than 14 days after the 'notification time' for the agreement.
  2. There have been a number of enterprise agreements rejected by the Fair Work Commission on the basis of an incorrect Notice. Further information can be found in Circular 2016/7W.
  3. The recent amendments modify the Notice prescribed in Schedule 2.1 of the Regulations by replacing the words in the last paragraph of the Notice under the heading 'Questions' with a new paragraph. Specific contact details for the Fair Work Ombudsman and Fair Work Commission will no longer be required.
  4. The new Notice also references the correct provision of the Act.

Implications for agencies

  1. Agencies currently bargaining do not need to take any action.
  2. Agencies agreeing to bargain on or after 3 April 2017 must use the new prescribed Notice.

Further information and advice

  1. For further information or advice, agencies can contact their APSC Relationship Manager, or email workplacerelations [at] apsc.gov.au.
Last reviewed: 
29 March 2018