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Employers bargaining together

Certain employers can apply to the Minister for Employment and Workplace Relations for a declaration allowing them to bargain together to make a single enterprise agreement (under section 247 of the Fair Work Act 2009). Having a declaration will enable the employers to apply to Fair Work Australia for a single interest employer authorisation.

Note: franchisees do not require a declaration in order to apply for a single interest authorisation.

Who can apply?

The limited types of employers that may be covered by a declaration include (but are not confined to) employers who:

  • have a common source of funding
  • operate collaboratively
  • are governed by a common regulatory system
  • have previous experience of bargaining together.

Examples of the types of employers that may be considered include:

  • public hospitals with a high degree of coordination and common employment arrangements
  • schools that share common employment and funding arrangements
  • school councils or parents and friends associations that join together to employ staff to work with a single public school system.

How does the Minister decide?

To decide whether to make the declaration the Minister takes into account the following matters:

  • the employers’ history of bargaining, including if they have bargained together in the past
  • the common interests of the employers, and their relevance to bargaining together • if the employers operate within a common regulatory system
  • the degree to which the employers work
  • collaboratively or in competition
  • if the employers are largely government funded
  • if it may be more appropriate for the employers to make separate enterprise agreements
  • any other matter the Minister considers relevant.

How to apply

Download and complete the application form.

Application for Ministerial Declaration under s.247 (doc 38.5KB) word doc icon

Send your application to:
Minister for Employment and Workplace Relations
Parliament House
Canberra ACT 2600

Application requirements

Your application must:

  • name the two or more employers making the application
  • name all employers who’ll be covered by the proposed enterprise agreement
  • set out the grounds for the application, addressing the matters listed above
  • be signed and dated
  • provide contact details for each applicant.

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Page last updated: 17 September 2010