Who Can Vote on an Enterprise Agreement? Eligibility Guide

When it comes to enterprise agreement (EA) voting, eligibility is not just a procedural step—it’s a legal requirement. If the wrong employees are included (or excluded), the vote can be challenged and the agreement may be refused approval by the Fair Work Commission (FWC).

That’s why understanding exactly who can and cannot vote is critical for employers, HR teams, and governance professionals.

Who Can Vote on an Enterprise Agreement?

Under the Fair Work Act 2009, employees are eligible to vote if they are employed at the time of voting and covered by the proposed agreement.

Official guidance from the Fair Work Commission confirms this:

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Employees Who Can Vote Include:

All Employees Covered by the Agreement

Any employee whose role falls within the scope of the proposed enterprise agreement is eligible to vote.

Casual Employees (Yes—If Covered)

Casual employees can vote, provided they are genuinely employed and covered by the agreement at the relevant time.

The Fair Work Commission assesses this based on the real employment relationship, not just contract labels. This makes casual eligibility one of the most important areas to get right.

Part-Time and Full-Time Employees

All ongoing employees covered by the agreement—whether part-time or full-time—are eligible to participate in the vote.

Employees on Leave

Employees who are on approved leave (e.g. annual leave, personal leave, or parental leave) may still be eligible to vote, as they remain employed during the voting period.

Who Cannot Vote?

Independent Contractors

Contractors are not employees and are therefore not eligible to vote on an enterprise agreement.

Employees Not Covered by the Agreement

If an employee’s role is outside the scope of the agreement, they cannot vote—even if they work for the same organisation.

Employees Not Employed at the Relevant Time

Employees who have left before the voting process or who commence employment after voting begins are generally not eligible.

What Is the Role of Bargaining Representatives?

Bargaining representatives play a key role during negotiations but have no special voting rights unless they are also employees covered by the agreement.

Their responsibilities include:

However, the vote itself must remain independent and free from coercion or undue influence.

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Can Employees Change Their Vote?

Whether employees can change their vote depends on the voting system used, not a strict legal rule.

The Fair Work Commission requires that voting processes are clearly explained in advance and are fair and transparent.

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Some electronic voting systems allow voters to update their vote before the ballot closes, while others lock responses once submitted. The key requirement is that the process is clearly communicated before voting begins.

Fair Work Requirements for Voter Eligibility Verification

Employers must take reasonable steps to ensure that only eligible employees vote. This includes complying with key procedural requirements such as:

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Eligibility is effectively determined during this access period, making it a crucial compliance checkpoint.

How Third-Party Providers Verify Eligibility

Managing eligibility internally can be complex—particularly for organisations with casual, shift-based, or large workforces.

Independent providers like Vero Voting help reduce risk by:

This independent verification strengthens the integrity of the vote and supports successful approval by the Fair Work Commission.

Ensure Your EBA Vote Is Compliant

Enterprise agreement voting is a high-stakes process where accuracy and compliance are essential. From identifying eligible employees to ensuring a fair and transparent voting system, every step must align with Fair Work requirements.

If you want certainty that your next EBA vote is conducted correctly, securely, and without risk of challenge, Vero Voting can help. Visit our contact page today to speak with our team and ensure your enterprise agreement voting process is fully compliant from start to finish.