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New bargaining and agreement provisions

08 May 2023
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The Secure Jobs Better Pay Act is changing how employers and employees bargain and make agreements. On 6 June 2023, new enterprise bargaining and agreement making provisions will commence. We are updating our information, processes and resources in preparation for the commencement of these provisions. 

To help you navigate the new provisions, we are developing new tools and resources that we will share over the coming weeks. These include information on the changes and tools to help you choose the correct forms to complete and lodge. 

New provisions from 6 June 2023

The amendments include:

  • changes to the better off overall test (BOOT)
  • a Statement of principles on genuine agreement
  • changes to multi-enterprise agreements.

The amendments to the BOOT will include allowing Commission Members to amend an agreement after it is lodged to address any BOOT concerns provided certain parameters are met. The amendments will also allow Commission members to reconsider whether a previously approved agreement that was made after 6 June 2023 meets the BOOT. We will share more information on these changes in the coming weeks.

Commission Members will also be required to consider a Statement of principles when determining whether an enterprise agreement has been genuinely agreed to by the employees. See Statement of principles on genuine agreement.

Under new provisions, there will be 3 types of multi-enterprise agreements:

  • Supported bargaining agreements
  • Single interest employer agreements
  • Cooperative workplace agreements.

In addition, employers will need to either have agreement from all relevant employee organisations or a voting request order from the Commission before they can ask employees to vote on a multi-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 amends the Fair Work Act 2009. Some amendments commence on 6 June 2023. See Changes to making agreements for more information.

Support and tools

The transitional provisions in the Secure Jobs Better Pay Act mean different rules apply depending on when bargaining commences. Accordingly, we must apply different tests to determine whether an agreement can be approved through the transition period.

We will provide guidance to assist parties to comply with the relevant legislative tests. This includes providing you with alternative versions of the Form F17. We are developing a tool to help you select the correct version of the form based on your circumstances.

We will be updating the Form F17 – Employer’s declaration in support of an application for approval of an enterprise agreement. We will also be updating the following resources that are available on our website:

We will need to temporarily remove the online Form F17 at the end of May 2023 while we make these changes. Until the online Form F17 is removed, parties can continue to lodge their applications online using both online agreement forms. Alternatively, applications can be made via email with the paper-based forms which are available to download on our website.

The Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement) will remain online.  Once the online Form F17 is removed, you will be able to attach your paper-based Form F17 as part of your application.

We remain committed to improving service delivery through digital transformation. We will continue to notify you of the pending changes and as resources become available. We recommend you subscribe to our announcements and follow us on LinkedIn to keep up to date.

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