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Forms & lodgment – common defects & issues
Introduction
An application for the Fair Work Commission to approve an enterprise agreement must be made to the Commission within 14 days after the agreement is made.
The agreement is made when a majority of those employees who cast a valid vote approve the agreement.
The application must include the Form F16 application, a signed copy of the agreement and the Form F17 employer declaration (and its attachments). It may also be accompanied by other documents.
To avoid delays in the Commission's processing of the application, it is important that these documents are properly completed and lodged on time.
Signature and content requirements – common defects & issues
| Defect or issue | Requirement |
|---|---|
|
The Form F16 or F17 (and any Form F18 or F18A) has not been signed correctly: Addresses or position/title not included. |
The agreement lodged must signed by the employer and at least one representative of the employees covered by the agreement and include:
Form F16 application form must be signed and dated by employer or bargaining representative (if by an appointed bargaining representative, the instrument of appointment must be provided).[2] Form F17 employer declaration must be signed by employer before an authorised witness, who also signs and completes their details (including full name, qualification and address).[3] |
|
The Form F17 (and any Form F18 or F18A) statutory declarations have not been witnessed by an authorised witness. |
Form F18 employee organisation statutory declaration or Form F18A employee representative statutory declaration must be signed by employee organisation or employee representative before an authorised witness, who also signs and completes their details (including full name, qualification and address).[4] An undertaking must be signed by each employer who gives the undertaking.[5] |
As the agreement, including the signature page, will be published on the Commission website and forms may become publicly available, people signing the agreement and forms may prefer to use their business/work address and contact details rather than their home address and personal contact details.
Consider using the Commission's checklist contained in Annexure 2 of the step-by-step guide (PDF) before lodging an agreement application to check that all the statutory requirements are met and all required information is provided.
See the guidance in Section 5 of the step-by-step guide (PDF) about information to include in the Form F17.
Any Form F18 or F18A should be lodged as soon as possible after the agreement application is lodged and include the exact title as per the Form F16 and agreement title clause.
Related information
Identifying more and less beneficial terms – common defects & issues
| Defect or issue | Requirement |
|---|---|
|
The Form F17 does not list the terms that are more or less beneficial than the relevant award. |
It is important to list in the Form F17 all terms and conditions that are more or less beneficial under the agreement than in the award, as well as any award terms that have been omitted.[6] |
Make sure all award conditions that are excluded from the agreement are identified.
Providing detailed matching of classifications in the agreement against the award will assist the Commission to perform the better off overall test assessment more quickly.
Related information
Lodgment – common defects & issues
| Defect or issue | Requirement |
|---|---|
|
The application was lodged more than 14 days after the date voting concluded and no adequate explanation was provided. |
The application must be lodged within 14 days after the agreement was made.[7] If an application is lodged late, an explanation must be provided so the Commission can consider whether it is fair to extend the lodgment period.[8] |
|
Delay in lodging F18 and F18A. |
Any Form F18 or F18A must be lodged before the Commission approves the agreement.[9] |
Use the Commission's Date calculator to check dates comply with the Fair Work Act 2009.
Related information
References
[1] Fair Work Act s.185; Fair Work Commission Rules 2013 r.24; Form F16.
[2] Fair Work Act s.185(2); Fair Work Commission Rules 2013 r.24(1)–(2); Form F17.
[3] Fair Work Act ss.183 and 185(2); Fair Work Commission Rules 2013 r.24(3)–(4); Forms F18 and F18A.
[4] Fair Work Act ss.185(2) and (5); Fair Work Regulations reg 2.06A.
[5] Fair Work Act s.190(5); Fair Work Regulations reg 2.07.
[6] Form F17 Q3.2–3.5.
[7] Fair Work Act ss.182(1) and 185(3)(a); Form F17 Q2.9–2.10.
[8] Fair Work Act s.185(3)(b); Form F16 Q1.4.
[9] Fair Work Commission Rules 2013 r.24(3)–(4).
Updated time
Last updated
15 May 2020
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