Despite the fact that the CFMEU has yet to commence negotiations for a new industry pattern agreement, it has provided copies of a notice of representational rights to a number of employers.

This is a tactic that has previously been used by the CFMEU to mislead employers into initiating a process that could lead to protected industrial action.

A notice of representational rights should only be provided to employees once an employer has made a definite decision that it wants to formally commence bargaining for a new enterprise agreement.

Members are therefore advised not to provide copies of notice of representational rights to employees until such a decision has been made. In the meantime, the correspondence from the CFMEU should be ignored.

Where members do seek to commence negotiations, they should ensure that the notice provided to employees meets the strict requirements of the Fair Work Act 2009.

Members receiving EBA-related correspondence from the CFMEU are strongly encouraged to contact the IR Department on (03) 9411 4560 for further information.