Enterprise Agreement Voting in 2026: Updated Compliance Guide

The Fair Work Amendment (Closing Loopholes) Act 2024 introduced major changes to enterprise bargaining that took effect in February 2025. For employers holding EA ballots in 2026, the compliance bar is now higher — and the risks of getting it wrong have increased. From updated model terms to new multi-employer bargaining rules, understanding what changed is essential before you put any agreement to a vote. [Enterprise bargaining changes](https://www.fairwork.gov.au/about-us/workplace-laws/legislation-changes/closing-loopholes/enterprise-bargaining-and-enterprise-agreement-changes)

This guide is for HR teams, workplace relations managers and employers who need to navigate EA voting with confidence — and ensure their ballot process can withstand Fair Work Commission (FWC) scrutiny.

Updated Model Terms Change What Must Be in Your EA

The FWC issued new model EA terms in February 2025. These terms form the baseline for what your agreement must address — and they now include stricter requirements around:

• Flexible work arrangements — employers must demonstrate genuine consultation and provide clear dispute resolution pathways [Model terms](https://www.fairwork.gov.au/employment-conditions/enterprise-bargaining/model-terms-for-enterprise-agreements)
• Consultation obligations — documentation must show how employee feedback shaped the final terms
• Dispute resolution timeframes — specific escalation procedures must be followed before the FWC will intervene

If your EA was drafted before February 2025, check whether your ballot materials reference the current model terms. Outdated documentation is now a common reason for FWC approval delays.

Franchisee Bargaining Opens New Multi-Employer Complexity

One of the most significant 2025 changes affects franchise networks. New “Franchisee Bargaining Rules” allow franchisees within the same network to bargain collectively — something previously blocked under competition law exemptions. [Franchisee bargaining](https://www.fairwork.gov.au/employment-conditions/enterprise-bargaining/franchisee-bargaining)

For franchisors and franchisees, this means:

• Multi-employer bargaining requests are now legally possible across franchise networks
• Votes spanning multiple franchisees require clear separation of voter cohorts and independent eligibility verification
• The FWC applies stricter approval tests to multi-employer agreements, particularly on genuine agreement and best interest assessments

If you’re facing a multi-employer vote, the FWC expects auditable turnout records and proof that only eligible employees participated.

Intractable Bargaining Declarations Can Now Happen Faster

The 2025 amendments streamlined how bargaining can be declared “intractable” — meaning parties cannot reach agreement despite genuine efforts. [Intractable bargaining](https://www.fairwork.gov.au/employment-conditions/enterprise-bargaining/intractable-bargaining)

Key implications for employers:

• Unions or employers can seek an intractable bargaining declaration earlier in the process
• Once declared, the FWC can arbitrate terms — potentially imposing conditions neither party proposed
• A well-conducted, high-turnout employee vote strengthens your position and demonstrates genuine engagement

The FWC weighs voting process quality heavily when assessing whether bargaining was truly intractable. A disputed or low-turnout ballot weakens your case.

FWC Approval Requires Defensible Documentation

For an EA to become legally binding, the FWC must approve it. The approval process now emphasises rigorous evidence that employees genuinely agreed to the terms: [Approval requirements](https://www.fairwork.gov.au/employment-conditions/enterprise-bargaining/approval-of-enterprise-agreements)

• Clear explanation of terms provided before voting
• Adequate time for employees to consider the agreement
• Independent verification that only eligible employees voted
• Detailed turnout and result documentation

The FWC also applies the “better off overall test” (BOOT) and increasingly examines whether the voting process itself enabled informed decisions. Incomplete or inconsistent voting records are a leading cause of approval delays.

Why DIY Voting Processes Fall Short

Many employers still rely on internal polls, survey tools or manual processes for EA ballots. These approaches create risk when:

• Eligibility verification is inconsistent or undocumented
• Vote records lack timestamps or audit trails
• Turnout is low — undermining your genuine agreement evidence
• Scrutineer independence is questioned by employee representatives
• Documentation is scattered across spreadsheets and email chains

Under the 2025 amendments, proof of process matters as much as the outcome. The FWC expects professional-grade documentation — and gaps expose you to rejection, intractable bargaining claims, and damaged workplace relations.

How Vero Voting Supports FWC-Compliant EA Ballots

Vero Voting provides independent, managed EA voting services built for Australian workplace law:

• Eligibility verification against payroll data to ensure only qualified employees vote
• Secure omnichannel voting via SMS, email and web portal to maximise turnout
• Independent scrutineering that eliminates perceived conflicts of interest
• Audit-ready documentation including timestamped ballots, eligibility logs and certification
• FWC experience that ensures your process aligns with current approval requirements

By moving EA voting onto a purpose-built platform, you reduce compliance risk, accelerate FWC approval, and demonstrate governance best practice to your workforce.

Don’t Leave EA Compliance to Chance

The 2025 Fair Work amendments raised the bar for EA voting. Employers using outdated methods risk FWC rejection, intractable bargaining exposure, and disputes over process integrity.

With compliance requirements tightening, now is the time to assess your EA ballot process. If your current approach doesn’t deliver defensible eligibility verification, secure voting and complete audit trails, the new rules will expose gaps.

Get in touch today to future-proof your EA voting process for 2026.