Fair Work Commission

Guides

• COVID-19 Fact sheet: Making an application to vary an agreement (PDF)

  Some parties to enterprise agreements are considering varying their enterprise agreements to introduce additional flexibility to help address the impact of the COVID-19 pandemic. This fact sheet provides general information about the variation process.

• Employer’s guide to making a single enterprise agreement

  Use this guide to help you make a single enterprise agreement from the start of the bargaining stage through to developing the terms of the agreement and lodging a complete application for approval of your single enterprise agreement. This is a good starting point or a refresher to enteprise bargaining.

• Making compliant agreement applications (PDF)

  Information about common errors made across enterprise agreements. This is useful to consider during bargaining or prior to voting on an agreement to ensure your application is compliant with the Fair Work Act 2009 and other relevant legislation. 

• Guide – Undertakings in enterprise agreements

  Information on undertakings and how to provide one. This may be useful if the Commission Member dealing with your application requests you to provide an undertaking after your application has been lodged.

• Guide – Notice of employee representational rights

  Detailed information on the notice of employee representational rights (NERR) including instructions on how to complete it and a sample completed NERR.

• Fact sheet – Unilateral termination of individual agreement (PDF)

  This fact sheet explains the Fair Work Commission’s process for dealing with applications to approve unilateral termination of individual agreement-based transitional instruments (IABTIs).

Checklists

• Making a single enterprise agreement legislative checklist (Word)

  An internal tool used by the Commission’s Agreements Team to evaluate an application to approve a single enterprise agreement. This may be useful to consider prior to lodging an application to ensure it is compliant.

• Varying a single enterprise agreement legislative checklist (Word)

  An internal tool used by the Commission’s Agreements Team to evaluate an application to vary an enterprise agreement. This may be useful to consider prior to lodging an application to ensure it is compliant.

Tools

• Notice of employee representational rights generator

  Generate and download the correct notice of employee representational rights (NERR) that you can fill in and distribute to employees.

• Single enterprise agreement date calculator

  An interactive tool that allows you to enter in key dates to check that they comply with the legislation. This is useful when planning timeframes for communicating with employees during the bargaining and voting process.

Model terms

• Model flexibility term (Word)

  The model flexibility term as set out in the Fair Work Regulations 2009. You may like to include the model term in your agreement.

• Model consultation term (Word)

  The model consultation term as set out in the Fair Work Regulations 2009. You may like to include the model term in your agreement.

• Model term for dealing with disputes for enterprise agreements (Word)

  The model dispute term as set out in the Fair Work Regulations 2009. You may like to include the model term in your agreement.

Benchbook

• Enterprise agreements benchbook

  A plain language guide to the Fair Work legislation containing information on how the legislation and case law have been applied in Commission decisions.

Forms

• Form F16 – Application for approval of enterprise agreement (other than a greenfields agreement)

  Use this form if:

  • you are an employer or other bargaining representative for an enterprise agreement (or are completing this form for an employer or bargaining representative) and
  • the enterprise agreement has been made in accordance with section 182 of the Fair Work Act 2009 and
  • you wish to apply to the Commission for approval of the agreement.

• Form F17 – Employer's declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)

  Use this form if:

  • a Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement) has been or is being lodged with the Commission and
  • you are an employer that is covered by the agreement (or an officer or authorised employee completing this form for an employer)

All other agreement forms

• Form F18 – Declaration of employee organisation in relation to an application for approval of an enterprise agreement (other than a greenfields agreement)

• Form F18A – Declaration of employee representative in relation to application for approval of an enterprise agreement (other than a greenfields agreement)

• Form F19 – Application for approval of a greenfields agreement made under subsection 182(3) of the Act

• Form F20 – Employer's declaration in support of application for approval of a greenfields agreement made under subsection 182(3) of the Act

• Form F21 – Declaration of an employee organisation in relation to an application for approval of a greenfields agreement made under subsection 182(3) of the Act

• Form 21A – Application for approval of a greenfields agreement made under subsection 182(4) of the Act

• Form F21B – Employer's declaration in support of application for approval of a greenfields agreement made under subsection 182(4) of the Act

• Form 21C – Declaration of an employee organisation in relation to an application for approval of a greenfields agreement made under subsection 182(4) of the Act

• Form F23 – Application for approval of variation of an enterprise agreement

• Form F23A – Employer's declaration in support of variation of an enterprise agreement

• Form F23B – Declaration of employee organisation in relation to variation of an enterprise agreement

• Form F24 – Application for termination of an enterprise agreement by agreement

• Form F24A – Declaration in support of termination of an enterprise agreement

• Form F24B – Application for termination of an enterprise agreement after the nominal expiry date

• Form F24C – Declaration in relation to termination of an enterprise agreement after the nominal expiry date