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.
Use this guide to help you make an 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 enterprise agreement. This is a good starting point or a refresher to enterprise bargaining.
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.
A list of things to look out for when making and lodging an enterprise agreement.
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.
Detailed information on the notice of employee representational rights (NERR) including instructions on how to complete it and a sample completed NERR.
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).
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.
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.
Generate and download the correct notice of employee representational rights (NERR) that you can fill in and distribute to employees
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.
The model flexibility term as set out in the Fair Work Regulations 2009. You may like to include the model term in your agreement.
The model consultation term as set out in the Fair Work Regulations 2009. You may like to include the model term in your agreement.
The model dispute term as set out in the Fair Work Regulations 2009. You may like to include the model term in your agreement.
A plain language guide to the Fair Work legislation containing information on how the legislation and case law have been applied in Commission decisions.
Use this form if:
Use this form if:
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