Ahead of a number of changes to enterprise bargaining and agreement making that come into effect on 6 June 2023, the Fair Work Commission (FWC) has developed a range of tools, information and resources to help understand and navigate the changes.
Changes to making agreements
The FWC has published a new tool to help determine which tests apply to an agreement. They are also updating their existing tools to make sure you’re accessing the right information at the right time.
New and updated tools:
- New: Understand the tests that apply to agreements
- Updated: Date calculator for single enterprise agreements
- Updated: Create the Notice of Representational Rights
Read about: Changes to making agreements
Statement of principles on genuine agreement
From 6 June 2023, Commission Members will be required to take into account a statement of principles on genuine agreement for agreements where bargaining began on or after 6 June. The FWC has published the final statement of principles on our website.
Go to: Statement of principles on genuine agreement
Changes to multi-enterprise agreements
From 6 June 2023, there will be three different types of multi-enterprise agreements. Download, read and share our bargaining information packs, and watch our videos about these new agreements.
Download information packs:
- Information pack: New supported bargaining agreements
- Information pack: New single employer enterprise agreements
- Information pack: New cooperative workplace agreements
Watch videos:
- Multi-enterprise bargaining presented by Commissioner Matheson
- Three ways we can assist you during bargaining presented by Deputy President Hampton (National Practice Leader for Bargaining)
Protected action ballot orders & intractable bargaining
Download information packs:
- Information pack: Changes to protected action ballot orders
- Information pack: Changes to intractable bargaining determinations and declarations
Watch videos: Presented by Deputy President Hampton (National Practice Leader for Bargaining)
- What is a protected action ballot order application?
- Compulsory conciliation conferences during ballot period
Sunsetting of pre-2010 agreements
Pre-2010 agreements that continue to operate will automatically terminate (or ‘sunset’) on 7 December 2023 unless an application is made to the Commission before 7 December 2023 to extend the default period for the agreement.
Employers who have a pre-2010 agreement that still covers one or more employees must give those employees written notice before 7 June 2023.
Download: Our Guide for employers and template written notice — Employers can use our template written notice to meet their obligation, but they don’t have to.
Read about: Sunsetting of pre-2010 agreements (‘zombie agreements’)
Changes to other jurisdictions
The Secure Jobs Better Pay Act introduced changes to a number of other jurisdictions, including sexual harassment at work, flexible work arrangements and extensions to unpaid parental leave, and the regulation of registered organisations. You can access information about all these changes on the Secure Jobs Better Pay Act – what’s changing webpage.
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Find out when new information is available
The FWC will continue to develop more resources in the weeks and months ahead, so we encourage members to:
- subscribe to the Commission’s Announcements email updates
- follow the Commission on LinkedIn
