Enterprise Agreement Bargaining — NERR Wizard
Free Notice of Employee Representational Rights template for employers starting enterprise agreement bargaining. The wording must comply EXACTLY with Schedule 2.1 Fair Work Regulations 2009 — wrong wording invalidates the entire EA. Use as a starting point, then have a workplace lawyer confirm.
Last verified: 1 July 2025Lawpath, HR Assured, and other vendors charge $1,500-$5,000 for NERR templates and bargaining packages. FWM provides the same starting template free, on the same legal basis. Get legal review before issuing.
The bargaining timeline at a glance
- Day 0 — Bargaining starts (employer initiates OR employer agrees to bargain following majority support determination, low-paid authorisation, or scope order).
- Day 1-14 — Issue NERR to every covered employee. Use this wizard.
- Bargain in good faith — Meetings, exchanges of proposals, consideration of representatives' positions. No fixed end date.
- Reach in-principle agreement — Employer prepares the proposed agreement.
- Pre-vote access (s.180) — Employees must have access to the proposed agreement for at least 7 clear days before voting. Plus an explanation of the terms in plain English.
- Vote — Conducted by ballot (in-person, postal, or electronic). Majority of those who cast a valid vote must vote yes.
- Application to FWC for approval — Within 14 days of the vote. FWC checks the BOOT (Better Off Overall Test) and procedural compliance.
- Approval and operation — If approved, the agreement operates 7 days after FWC approval.
Critical: NERR wording compliance
The Fair Work Commission has refused enterprise agreements over NERR wording mistakes. Famous cases: One Key Workforce v CFMEU (2017), Murdoch University v NTEU. The wording must follow Schedule 2.1 of the Fair Work Regulations 2009 letter-for-letter. This template gets you 95% of the way — but have a workplace lawyer confirm the final wording before issuing. The cost of legal review is trivial compared to the cost of a refused EA.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.