s180-181: ss 180 and 181 Pre-approval steps before asking employees to vote on an enterprise agreement
Before requesting employees to vote, the employer ensures employees who will be covered receive (or have access to) any document an employee organisation gave under s 179 and any document the employer must prepare under s 179A a reasonable time before voting, without false or misleading representations, and takes all reasonable steps to explain the terms and their effect in a manner suited to the employees (for example culturally and linguistically diverse and young employees and those without a bargaining representative). The vote request is made no earlier than 21 days after the last notice of representational rights was given, and may be by ballot or electronic method.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s180-181. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Explanatory materials and records of information sessions explaining the agreement's terms and effect; Access records for the agreement and incorporated material before voting; Timeline showing the vote request at least 21 days after the last NERR
What usually goes missing
Explanation not adapted for CALD or young employees; Vote held within 21 days of the last NERR; Summary material that misrepresents the agreement
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.