Fair Work Commission

About this benchbook

The Enterprise agreements benchbook has been prepared by the Fair Work Commission to assist parties bargaining, making and lodging enterprise agreements under the Fair Work Act 2009 (Cth).

Information is provided to parties to assist in the preparation of material before the Commission.

Quick links

General

• What is an enterprise agreement?
• Types of agreement
• What can be included in an agreement?
• What can't be included in an agreement?
• What does 'better of overall' mean?
• What is the approval process?
• When does an agreement come into force?
• Can you vary an agreement?
• How do you terminate an agreement?

Employer

• Who can an agreement cover (scope)?
• What are mandatory terms?
• What is the nominal expiry date?
• How long does it take?
• Can I be represented?
• When can I ask for a vote?
• Who can vote?
• What if the vote fails?
• How do I make an application?
• What is the better of overall test (BOOT)?
• What are undertakings?

Employee

• Can I be represented?
• What must I be given before voting?

Bargaining representative

• Who can be a bargaining representative?
• What is 'good faith' bargaining?
• What is a majority support determination?
• What if bargaining breaks down?