What does the Commission consider when approving an agreement?
Before the Member can approve the agreement, they must be satisfied about a number of matters including that:
- the pre-approval requirements have been met (including providing a valid NERR to all employees and complying with the legislative timeframes)
- the agreement was genuinely agreed to by the employees covered by the agreement
- the terms of the agreement and the effect of those terms were adequately explained to all employees
- other requirements relating to good faith bargaining have been complied with
- the group of employees covered by the agreement was fairly chosen
- employees will be ‘better off overall’ under the agreement at test time than they would be under their applicable modern award(s)
- the terms of the agreement do not contravene the National Employment Standards
- the agreement includes a compliant dispute settlement term, flexibility term and consultation term
- there are no unlawful or designated outworker terms in the agreement, and
- the agreement specifies a nominal expiry date and that date will not be more than 4 years after the day on which the Commission approves the agreement.
For more information see Parts 2-2 and 2-4 of the Act.
Find out more
For more information, go to our Approval process page.
If you have any questions in relation to the agreement making process, please contact the Commission for assistance at email@example.com.