Who Can Vote on an Enterprise Agreement? Eligibility Guide

When an enterprise agreement goes to a vote, the mechanics matter just as much as the outcome. I’ve seen more than a few agreements delayed — or worse, rejected — because eligibility wasn’t handled properly. It’s not usually deliberate. It’s often a simple misunderstanding about who can and can’t vote.

The catch is this: if the process isn’t sound, the vote itself can be challenged when it lands before the Fair Work Commission. And that can undo months of bargaining.

Let’s walk through what actually matters.

Who is eligible to vote?

The starting point is straightforward under the Fair Work Act 2009: employees who will be covered by the agreement and are employed at the time of the vote get a say.

That sounds simple. In practice, it’s where most of the nuance sits.

Employees covered by the agreement

If the agreement applies to them, they’re in. That includes employees across classifications, locations, or departments — provided the agreement’s coverage clause captures them.

Where employers get caught out is assuming eligibility based on who participated in bargaining. That’s not the test. Coverage is.

Full-time, part-time, and casual employees

All three categories can vote — including casuals — as long as they fall within the scope of the agreement.

Casual employees are often overlooked, particularly in large or seasonal workforces. But if they’re engaged at the time of voting and would be covered by the agreement, they must be given the opportunity to vote. Excluding them can put the whole process at risk.

Employees on leave

Being on leave doesn’t automatically exclude someone. Annual leave, personal leave, even parental leave — if the employment relationship is still on foot and the agreement would cover them, they’re generally eligible.

The practical issue here is access. If someone is on extended leave, you still need a reasonable way for them to participate.

Who cannot vote?

This part is just as important, and often clearer.

Independent contractors

Contractors are out. Even if they work alongside employees doing similar roles, they’re not part of the employment relationship governed by the agreement.

Employees outside the agreement’s scope

If the agreement doesn’t cover them, they don’t vote. That might include senior managers, employees in different business units, or staff covered by another industrial instrument.

This is where a well-drafted coverage clause earns its keep.

Bargaining representatives

Bargaining representatives — including unions, employer representatives, or appointed individuals — play a key role in negotiating the agreement. But they don’t get a vote by virtue of that role.

If a bargaining representative is also an employee covered by the agreement, they can vote in that capacity. Otherwise, they’re not part of the ballot.

Can employees change their vote?

This comes down to how the vote is conducted.

In a traditional paper ballot, once it’s cast, that’s it. No second chances.

With electronic voting, there can be more flexibility. Some systems allow a voter to re-submit their vote within the voting window, with only the final submission counting. Others lock the vote after the first submission.

There’s no rule in the legislation requiring one approach over the other — but whatever method is used needs to be clear, consistent, and communicated upfront.

Are secret ballots required?

Strictly speaking, the Fair Work Ombudsman doesn’t mandate a secret ballot for enterprise agreement approval votes.

That said, confidentiality is strongly recommended — and in practice, expected. A transparent but anonymous process protects employees from undue influence and gives the outcome credibility if it’s later scrutinised.

Most employers opt for secret ballots for exactly that reason.

Verifying eligibility — where things often go wrong

Before the vote even opens, employers must take all reasonable steps to ensure:

That last point is critical.

If ineligible people vote — or eligible people are excluded — the Fair Work Commission can refuse to approve the agreement.

You don’t need perfection. But you do need a process that stands up to scrutiny.

How third-party voting providers handle this

This is where an independent provider can take a lot of pressure off internal teams.

In practice, eligibility is usually verified by:

At Vero Voting, the focus is on separating identity from vote data. You can confirm that only eligible employees voted, without ever linking individuals to how they voted.

It’s a small distinction. But it matters when the process is tested.

Final word

Enterprise agreement voting isn’t complicated — but it is unforgiving. Eligibility is one of those areas where small oversights can have outsized consequences.

If you’re preparing for a vote and there’s any uncertainty around who should be included, it’s worth resolving that early. A clean voter list and a defensible process will save you far more time than fixing issues after the fact.

If you want a second set of eyes on your approach — or a voting process that holds up under scrutiny — it’s worth having that conversation before the ballot opens.