The “Corrupting Benefits” amendments to the Fair Work Act 2009 (Cth) commenced operation on 11 September 2017 and have significant implications for parties embarking on the enterprise bargaining process.

The “Corrupting Benefits” amendments require Unions to disclose the benefits they receive from products, services and funds that employers are required to purchase or contribute to under the terms of a proposed enterprise agreement. Employers will also be required to disclose any benefit they would receive if a particular product or service is included in the enterprise agreement.

The “Corrupting Benefits” amendments require bargaining representatives for proposed enterprise agreements to disclose any benefits that the bargaining representative, or a person or body connected with it, would or could reasonably be expected to derive because of a term of the proposed enterprise agreement. As a result of the disclosure, employees will be able to make an informed decision regarding the terms of the proposed enterprise agreement when it comes time to vote. Civil penalties would apply to those who breach the provisions.

Employers seeking further information on the “Corrupting Benefits” amendments can contact Stewart Rinkevich, Senior Adviser – Workplace Relations on (07) 3244 1736.

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