For more information on agreement-based transitional instruments, including the modification and termination of these agreements, see www.fairwork.gov.au. The FWC will apply a strict need-based test, called the “Better Off Overall Test” against an enterprise agreement, to ensure that the worker has not been disadvantaged by the agreement. Enterprise negotiations are the process of negotiation in general between employers, workers and their representatives in order to conclude an enterprise agreement. The Fair Work Act 2009 sets out a number of clear rules and obligations on how this process should proceed, including rules on negotiations, the content of business agreements and how an agreement is concluded and approved. If necessary, the Commission for Fair Work can adopt a negotiating decision on the proposed agreement. A negotiating settlement will include measures that the Fair Work Commission must take, measures that should not be taken and other issues that the Commission deems necessary for fair work to promote fair and effective negotiations. Once an application has been approved or rejected, it will no longer appear in the list below. To find an agreement that has been approved or varied, please go find an agreement. An enterprise agreement must include the following conditions: organizations that are not included in the notification as bargaining representatives (form F16) may request access to the enterprise agreement approval file. The Fair Work Commission can also help employers and workers who are embarking on the “New Approaches” program. Learn more about the new approaches on the Fair Labour Commission website.

An employer mistakenly submitted a draft enterprise contract to the FWC for approval. The FWC approved this project. The employer then acknowledged the error and asked the FWC to replace the final version with the approved one. The employer invoked Section 602 (1) of the Fair Work Act 2009 (FW Act) which allows the FWC to correct “obvious errors, defects or irregularities” in a decision it made. There is no simple solution when an employer submits the incorrect version of an enterprise agreement and the FWC agrees1. The employer must appeal the decision to approve the enterprise agreement, submit the agreement to another vote and re-request that the agreement be approved. With respect to Kaefer, Full Bench in CFMMEU/C-H Acquisition Pty Ltd [2020] FWCFB 3134, as part of the agreement, used the word “significant” and examined the quality of changes resulting from a business, not the number of commitments made or the number of changes resulting from the company. The application must be submitted to the Commission within 14 days of the agreement or within a time limit by the Commission. Before the Commission can approve an enterprise agreement, a number of pre-authorization requirements must be met. For example, the Commission must be convinced that the terms of the agreement are not contrary to national employment standards, that the agreement does not contain illegal conditions and that the agreement covers the Better Off Overall Test (BOOT). In addition, a worker`s bargaining representative who is covered by the agreement cannot conduct standard negotiations on the agreement. Typical negotiations are those where a negotiator represents two or more proposed enterprise agreements and wants to enter into joint agreements with two or more employers.

However, it is not a standard negotiation if the negotiator is really trying to reach an agreement.