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Enterprise agreements benchbook

An overview of legal procedure & case law

Forms & lodgment – common defects & issues

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Table of contents

On this page

  • Introduction
  • Signature and content requirements – common defects & issues
  • Identifying more and less beneficial terms – common defects & issues
  • Lodgment – common defects & issues
  • References

 

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:

  • the full name and address of each person who signs the agreement, and
  • an explanation of their authority to sign the agreement.[1]

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

  • Signing the agreement

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

  • Better off overall test (BOOT)

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

  • Timeframe – Within 14 days of agreement being 'made'

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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          • The origins of the Australian minimum wage
          • The 'needs' principle and 'capacity to pay'
          • Women's wages
          • First indexation decision
        • Quarterly indexation 1922–1953
        • The Great Depression 1931
        • Prosperity loadings 1937
        • World War II 1939–1945
        • The post-war period: 1953–1965 basic wage inquiries
        • The total wage 1966–1967
        • Removal of discrimination in award rates
        • Reintroduction of quarterly wage indexation 1975–1978
        • Six monthly wage indexation 1978–1981
        • Wage explosion 1981–1982
        • Reforming awards and work and management practices 1987–1991
        • Six monthly wage indexation 1983–1987
        • Enterprise bargaining and a minimum wage safety net 1991–1996
        • Statutory adjustments
        • The minimum wage in real terms
      • Mrs Beeton's cookbook
      • Paternity Leave Case [1990]
      • Personal/Carer's Leave Test Case [1995]
      • Piddington report
      • Re Bagshaw [1907]
      • Significant cases on the Fair Work Commission's website
      • Statistics for the purpose of comparison with the Australian minimum wage
      • The Amalgamated Society of Engineers v. The Adelaide Steam-ship Company Limited and Others
      • The Australian minimum wage from 1906
      • The Federated Marine Stewards and Pantrymen's Association v. The Commonwealth Steamship Owners' Association and Others
      • The Victorian minimum wage 1896
        • Legislative Council Second Reading Speech to the Factories and Shops Bill 1896
      • The first Award: 1906 Steam-ship Crew
      • 100 years of the minimum wage—Statistical comparison
    • Mrs Beeton's cookbook
    • Glossary
    • Related sites
    • Educational materials
  • AWRS First Findings report

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