# Can my employer force a change to our current bargaining agreement without a proper vote?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-05
- Last updated: 2026-11-05
- Canonical: https://lawasked.com/au/employment-law/can-my-employer-force-change-our-current-bargaining

## Question

I work for a medium-sized logistics firm in Victoria, and we have been operating under a supported bargaining agreement for about eighteen months now. Everything has been fine until last Tuesday, when the management team announced that they want to amend the existing agreement to include three new sub-contracting companies and their staff under our current terms. They claim this is just a minor variation to streamline the labour programme, but it feels like a massive shift in how our workplace operates. My supervisor told us on Friday that we don't actually need to hold a full new vote because it is just a 'variation' to the existing deal, rather than a brand new agreement. I have already spoken to my union rep, but they are still looking into the specifics of whether this counts as a formal change. I am worried that if we don't get to vote on this specific amendment, the new workers will be brought in under terms that might eventually squeeze our own wages or benefits. I need to know if the Fair Work Commission actually checks to see if the workers affected by these specific changes have genuinely agreed to them, or if the boss can just bypass us by calling it a variation.

## Summary

No, your employer cannot simply bypass a vote by calling this a 'variation.' Under the law, if a supported bargaining agreement is changed to include new employers and staff, the affected employees must vote on it and the Fair Work Commission must ensure they have genuinely agreed.

## Analysis

Your supervisor's claim that a vote isn't needed because this is just a 'variation' is incorrect under the Fair Work Act 2009. Because your firm is operating under a supported bargaining agreement, adding three new sub-contracting companies and their staff is a specific type of change that requires formal steps.

According to the law, an employer can request that the affected employees approve a proposed variation by voting for it [1]. This means the new workers and the existing workers affected by the change must have the opportunity to participate in a vote, which can be done via a ballot or an electronic method [1].

Crucially, the Fair Work Commission (FWC) acts as a watchdog here. The FWC cannot approve the variation unless it is satisfied that "the affected employees have voted on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation" [2]. Furthermore, the FWC must determine "whether it is satisfied that the variation has been genuinely agreed to by the affected employees" [3]. 

'Genuinely agreed to' is a legal standard used to ensure that the voting process was fair and that employees weren't pressured or misled. In your case, the FWC will look at whether the employees affected by bringing in these new sub-contractors actually consented to the change through a proper voting process. If the management team tries to implement this without a vote, the variation will not have legal effect because it requires FWC approval [1].

It is currently uncertain whether the specific way your management is proposing to 'streamline' the programme meets the legal definition of a variation that requires this specific process, but the law is clear that adding new employers to a supported bargaining agreement is a regulated action.

## Statutory citations

- Fair Work Act 2009, Section 216A - Variation of supported bargaining agreement to add employer and employees [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > The employer may request the affected employees to approve the proposed variation by voting for it.
- Fair Work Act 2009, Section 216AB - When the FWC must approve a variation of a supported bargaining agreement to add employer and employees [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > the affected employees have voted on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation
- Fair Work Act 2009, Section 216AD - Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected employees [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > the FWC is to determine whether it is satisfied that the variation has been genuinely agreed to by the affected employees

---
General information only, not legal advice. See https://lawasked.com/disclaimer