Following public consultation, the Fair Work Commission has today published a number of amended approved forms:
- F16 – Application for approval of enterprise agreement (other than a greenfields agreement)
- F17 – Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement), and
- F18 – Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement (other than a greenfields agreement)
In summary, the amendments seek to:
- address findings of the Federal Court in the One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union  FCAFC 77 in relation to s.188 of the Fair Work Act 2009
- improve questions relating to whether the agreement meets the Better Off Overall Test
- include a question asking whether the person completing the form consents to being contacted for research purposes
- make sure questions about statutory requirements under Fair Work Act 2009 reflect the language of the Act, and
- improve consistency across forms.
The forms can be found on the Forms page of our website.