Employer's declaration for a greenfields agreement under s.182(4) (Form F21B)

Each employer that is a bargaining representative must fill out a declaration using Form F21B. Send this declaration with the application and other materials.

On this page:

Who can use this form
Before you start
Lodge now
What happens next?
Rules and regulations for this form

Who can use this form

Use this form only if:

you are lodging this declaration with Form F21A – Application for approval of greenfields agreement made under subsection 182(4) of the Fair Work Act
you are an employer that is a bargaining representative for the agreement, or an officer or authorised employee acting on their behalf.

Note:

if you made the agreement under section 182(3) of the Act, complete declaration Form 20.
if the agreement is not a greenfields agreement, complete declaration Form F17.

Before you start

Have this information ready before you begin. You will need to give or tell us:

your details as the person making the declaration
the name of the employer
the name of the enterprise agreement and the kind of work the agreement will cover
details of the genuine new enterprise that the employer is setting up or planning to set up
details of any similar enterprises the employer has or is planning to have
information about the notified negotiation period including who you notified and when
details about the steps to sign the agreement
how it would be in the public interest to approve the agreement
what the usual pay and conditions are in the relevant industry for similar work
overall, how the agreement is consistent with these usual pay and conditions
information about the terms in the agreement and who they cover
any awards that cover the employer and any of the employees the agreement will cover
differences in the terms or conditions of employment between the relevant awards and the agreement.

Lodge now

Email your documents to lodge@fwc.gov.au. You can also send or deliver your documents to the Commission office near you.

We store your information in line with the Form F21B privacy notice (pdf).

Form F21B (doc) – Employer's declaration in support of application for approval of a greenfields agreement made under subsection 182(4) of the Act Form F21B (pdf) – Employer's declaration in support of application for approval of a greenfields agreement made under subsection 182(4) of the Act

What happens next?

As soon as possible after you lodge the application, you must send (serve) a copy to each union that is a bargaining representative for the agreement.

Rules and regulations for this form

Fair Work Act 2009: Section 185 and 185A

Fair Work Commission Rules 2013: Rule 24 (5B and 5C) and Schedule 1