What Happens When Employees Vote No on an EBA?

A “no” vote on an enterprise agreement can feel like a setback—but it’s important to understand that it is not the end of the process. In Australia’s workplace relations framework, a rejected agreement simply means the proposal hasn’t met the required level of employee support yet. From here, employers have several clear pathways forward.

The Immediate Outcome of a “No” Vote

Under the Fair Work Act 2009, an enterprise agreement is only made if a majority of employees who cast a valid vote approve it.

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If employees vote “no”:

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What happens to current conditions?

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What Are Your Options After a “No” Vote?

A failed vote resets the process—but it also provides an opportunity to improve the agreement and build stronger employee support.

1. Return to Bargaining (Most Common)

In most cases, employers and employee representatives return to negotiations. This allows parties to:

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2. Make Changes and Re-Vote

Once revisions are made, the employer can present a new version of the agreement for another employee vote.

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3. Apply for a Majority Support Determination

If bargaining becomes difficult, an employer can apply to the Fair Work Commission for a majority support determination.

This legally confirms that a majority of employees want to bargain, and can compel reluctant parties to participate in negotiations.

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4. Continue Under the Existing Agreement

Where an enterprise agreement is already in place, operations simply continue under its terms. Notably:

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Can You Hold Another Vote?

Yes—employers can absolutely hold another vote after a failed one.

However, the full legal process must be followed again, including:

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Employer Obligations After a “No” Vote

Even when an agreement is rejected, employers must continue to meet their legal obligations, including:

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How to Improve Approval Rates

A “no” vote is often less about outright opposition—and more about uncertainty, communication gaps, or perceived fairness.

Organisations that achieve successful outcomes typically focus on:

Clear Communication

Employees must understand not just what is changing—but why it matters.

Transparency

Being open about trade-offs builds credibility and trust.

Addressing Employee Concerns

Listening to feedback and visibly responding to it is critical to building support.

A Robust Voting Process

A secure, confidential, and well-managed vote reassures employees that the process is fair and legitimate.

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Run a Compliant EBA Vote with Vero Voting

Whether you’re navigating a “no” vote or preparing for your first agreement ballot, getting the voting process right is essential. Errors or uncertainty at this stage can delay approval, damage trust, and create unnecessary risk.

Vero Voting helps organisations deliver:

A “no” vote is not the end—but your next step matters. Get the process right and set your agreement up for success.

Visit our contact page today to learn how Vero Voting can support your next EBA vote with confidence and compliance.