Ashurst Employment partners  Stephen Woodbury and Tamara Lutvey discuss the expanded single-interest employer authorisation bargaining stream, also known as multi-employer bargaining.

Together, they explain how Fair Work Act amendments have broadened the criteria for multi-employer enterprise agreements, and they explain why uptake by unions has so far been low. The conversation delves into the Fair Work Commission's (FWC) criteria, such as ensuring a common interest among employers and the prohibition of coerced agreements, pointing to a recent case in the coal industry to illustrate how the FWC assesses these factors.

They also discuss the "rebuttable presumption" for larger employers, where the FWC assumes common interest unless proven otherwise. Lastly, they pinpoint challenges and defensive strategies employers can use to avoid involuntary inclusion in multi-employer authorisations (known as "roping in"), which could force employers into agreements without direct negotiation input.

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The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.