Full Bench found a number of errors in the approach to the first instance. The Fair Work Act requires only reasonable measures to ensure that terms and conditions are explained to employees. In addition, it is not necessary in the Fair Work Act for the employer to give a full explanation of the terms of a proposed agreement before asking workers to vote on the agreement. A bargaining representative is a person or organization that any party to the enterprise agreement can appoint to represent him during the negotiation process. In reviewing the evidence, Full Bench was satisfied that the employer was taking appropriate steps to ensure that the agreement was explained to the workers. The documents submitted by the union and employers were complete and detailed. Full Bench approved the agreement and found that there was simply no evidence of the NTEU`s assertion that one of the allegedly ineligible employees had actually voted in favour of approving the agreement. In order to determine whether the workers actually accepted the agreement, the Commission must examine whether the workers understood their conditions and effects.  If you agree to an agreement, the employer must send each employee a communication allowing them to negotiate individually or through a bargaining representative.
For workers who are unionized, their union is their default representative if they do not make their own communication. They may designate their union as a bargaining representative, or they may be involved in the negotiations themselves or appoint another person as their representative. The employer must negotiate in good faith with all negotiators (not just the union) when there is no obligation to reach an agreement. This means responding reasonably to the negotiators` proposals, including providing financial information to support the allegations about the financial imperatives of the organization. An enterprise agreement will enter into force seven days after the Approval of the Fair Work Commission or at a later date in accordance with the agreement. From that date, an employee`s terms and conditions are deducted from the enterprise agreement. McDonalds is an interesting example of what can be done. In the McDonald`s case (2010), McDonald`s held meetings with staff to explain the new agreement, using a large number of meeting places to encourage participation, including the rental of movie theaters. The union, in agreement with McDonald`s, prepared summaries of the agreement that outlined the differences between the terms of the contract and the current terms. Staff were allowed to do certification work or access electronic versions and copies on warning signs. Other meetings were organized by the union, during which explanations were given and questions were asked. Staff were also able to contact each state`s human resources department for clarification.
The FWC decided that these were appropriate measures to ensure that the declaration was given appropriately, taking into account the needs of workers, including young people. During the access period, the applicant did not take reasonable or unreasonable steps to ensure that information and materials were provided to workers at one of the workstations covered by the agreement and to a worker on maternity leave, in accordance with the Fair Work Act deadlines. Neither the applicant nor the union provided evidence to enable the Commission to determine the jobs covered by the agreement. Each of these three actions must be completed within a specified period of time.