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The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Secure Jobs, Better Pay Act) removed unnecessary limits on employers accessing multi-enterprise bargaining, including through single-interest authorisations obtained under the Fair Work Act 2009 (Fair Work Act).
When these amendments commence on 6 June 2023, employers and their workers that have successfully bargained in the single-interest stream previously will be required to apply new entry and procedural requirements.
Transitional provisions were included in the Secure Jobs, Better Pay Act to ensure applications and agreements made in the single-interest bargaining stream continued to operate under the existing framework. Until 6 June 2023, two or more employers that will be covered by a proposed enterprise agreement may still apply to the Minister under s 247 of the Fair Work Act for a declaration that they may bargain together. This allows employers who have used the single-interest bargaining stream previously to seek a declaration before the Secure Jobs, Better Pay Act reforms take effect.
In order to ensure the single-interest bargaining stream remains accessible to all who want to use it, the Australian Government is seeking stakeholder views on the merits of introducing further transitional arrangements to the single-interest bargaining stream.
- Workers and their employers who have previously bargained in the single-interest bargaining stream can continue to do so.
- Any transitional provisions for the single-interest bargaining stream should be targeted and necessary.
- What aspects of the former single-interest bargaining stream should any further transitional or grandfathering measures cover, and why?
- Under what circumstances could transitional measures be used, and what would the effect be on existing single-interest parties?
- What impacts may arise for employers, unions and employees by introducing further transitional arrangements to the enterprise bargaining framework, following the passage of the Secure Jobs, Better Pay Act?