If you are a casual worker, you may be wondering if you have the right to vote on an enterprise agreement. The answer is: it depends.
Firstly, let`s define what an enterprise agreement is. An enterprise agreement is a legal document that outlines the terms and conditions of employment for a group of employees, negotiated between the employer and a union or group of employees. The agreement is then put to a vote, and if approved, becomes legally binding.
Under Australian law, all employees covered by an enterprise agreement have the right to vote on its approval, including casual employees. However, there are some conditions that need to be met.
The Fair Work Act 2009 states that casual employees are only eligible to vote on an enterprise agreement if they have worked a « reasonable period » of time with their employer. This period is defined by the Act as the length of time necessary to give the employee a « reasonable opportunity » to decide whether they wish to support the agreement.
What constitutes a « reasonable period » will depend on the circumstances of each individual case. For example, the length of time a casual employee has worked with an employer, the complexity of the agreement, and the level of communication between the employer and employee all play a role in determining what is reasonable.
If you are a casual employee and believe you have not been given a reasonable opportunity to vote on an enterprise agreement, you can make a complaint to the Fair Work Commission. The Commission will investigate the matter and determine whether you are eligible to vote.
In summary, casual employees do have the right to vote on an enterprise agreement, but only if they have worked a reasonable period of time with their employer. If you have any concerns about your eligibility to vote, you should seek advice from a union or professional association, or contact the Fair Work Commission directly.