New disclosure document requirements commencing on 29 January 2018

8 January 2018

New disclosure document requirements commencing on 29 January 2018

The purpose of this notice is to advise you of the new requirements for disclosure documents, introduced by the Fair Work Amendment (Corrupting Benefits) Regulations 2017, which will commence on 29 January 2018.

Under the Fair Work Act 2009, employers and registered organisations that are bargaining representatives are required to disclose certain financial benefits they receive or expect to receive due to a term in a proposed enterprise agreement (see ss. 179 and 179A, Fair Work Act). Previously, employers and registered organisations were not required to use a prescribed form when making a disclosure.

From 29 January 2018, disclosures must now be made using the new prescribed form in Schedule 2.1A of the Fair Work Regulations 2009 (see r. 2.06AA(1)(b) & 2(b), Fair Work Regulations).

The disclosure form must now also:

  • state the name of the person who will, or can reasonably be expected to, provide the benefit (if known); and
  • if it is not reasonably practicable to describe the amount of benefit in the form, state the basis on which the amount is or will be determined (see r. 2.06AA(1)(a) & 2(a), Fair Work Regulations).

The Registered Organisations Commission’s fact sheet - Disclosure requirements for bargaining representatives has been updated to reflect these changes. This fact sheet and other relevant resources are available on the ROC website.

The new requirements for disclosure documents commence on 29 January 2018. When the new prescribed disclosure form becomes available the Registered Organisations Commission will send a link to the form to all subscribers.

QUESTIONS?  If you have any questions about the disclosure requirements for bargaining representatives, please call our dedicated helpline on (02) 9246 0555. Our helpful staff are standing by during business hours to assist you.