Approval process

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What is the approval process at the Commission?

Once you complete the relevant forms and lodge your application with the Commission you will be sent a ‘service email’ by the Commission with a reference number (for example AG2020/54321).

A copy of the agreement will be published on the Commission’s Agreements in progress webpage. Organisations should refer to the Agreements in progress page on the Commission’s website for information on current agreement approval applications. Note that if no person contacts the Commission wishing to be heard, applications may be approved or refused no earlier than 7 business days from the date that the application was lodged.

You may be contacted by staff of the Commission who will check your application to ensure all relevant information has been provided and forms are complete.

The Agreements team will complete a pre-assessment of your application against the requirements of the Act. The agreement will then be allocated to a Member of the Commission who will determine whether the agreement can be approved.

You may receive correspondence from a Member, their Associate or the Agreements team in relation to your matter. The Member may request further information, an undertaking or a hearing if they have concerns with the application. Go to undertakings in enterprise agreements for more information.

Approval

If the agreement is approved, a copy of the Commission Member’s approval decision and the approved agreement with any undertakings and model terms will be posted on the Commission’s website and emailed to the parties. The agreement will come into operation 7 days after the Commission Member approves it, unless a later day is specified in the agreement.

Forms related to single or multi enterprise agreements

Form F16

Use Form F16 if:

you are an employer or other bargaining representative for an enterprise agreement (or are completing this form for an employer or bargaining representative) and
the enterprise agreement has been made in accordance with section 182 of the Fair Work Act 2009 and
you wish to apply to the Commission for approval of the agreement.

Note: If the agreement is a greenfields agreement – complete Form F19 or Form F21A instead of this form.

Form F17

Use Form F17 if you are an employer that is covered by the agreement (or an officer or authorised employee completing this form for an employer).

Form F18

Use Form F18 if:

a Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement) has been or is being lodged with the Commission and
you are an officer or authorised employee of an employee organisation that is a bargaining representative for the agreement and
your organisation wants to advise the Commission that it supports or opposes approval of the agreement and/or disagrees with information contained in an employer’s Form F17 declaration and/or
your organisation wants the enterprise agreement to cover it.

Form F18A

Form F18A (which is a declaration) forms part of an application for approval of an enterprise agreement.

Use this form if:

a Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement) is being lodged with the Commission by a bargaining representative for the agreement and
you are the bargaining representative of one or more employees who will be covered by the agreement and
you want to advise the Commission that the employees you represent support or oppose approval of the agreement and/or disagree with information contained in an employer’s Form F17 declaration.

Forms related to greenfields agreements

Form F19

Use Form F19 if:

you are an employer or a bargaining representative for a greenfields agreement (or are completing this form for an employer or bargaining representative) and
a greenfields agreement has been made under section 182(3) of the Fair Work Act 2009 and
you wish to apply to the Commission for approval of the agreement.

Note: If the greenfields agreement has been made under section 182(4) of the Fair Work Act 2009 – complete Form 21A. If the agreement is not a greenfields agreement – complete Form F16.

Form F20

Use Form F20 if:

a Form F19 – Application for approval of greenfields agreement made under subsection 182(3) of the Act has been or is being lodged with the Commission and
you are an employer that is covered by the agreement (or an officer or authorised employee completing this form for an employer).

Note: If the greenfields agreement has been made under section 182(4) of the Fair Work Act 2009 – complete Form F21B.

Form F21

Use Form F21 if:

a Form F19 – Application for approval of greenfields agreement made under subsection 182(3) of the Act has been or is being lodged with the Commission and
you are an officer or authorised employee of a relevant employee organisation that is covered by the agreement.

Note: If the greenfields agreement has been made under section 182(4) of the Fair Work Act 2009 – complete Form F21C.

Access to application documents

Organisations not listed as bargaining representatives in the application can request access to enterprise agreement application approval documentation.

When an organisation is given access to application documentation it does not follow that the organisation is, or becomes a party to the application. Nor does it follow that the organisation has thereby obtained a right to be heard or to make submissions in relation to the application.

Unless an organisation is able to establish that it was a bargaining representative for the agreement, or that it has been given a right to be heard or to make a submission, an organisation will not be included in any correspondence, including notification of the Commission’s intention to determine the application, unless contacted by the presiding Member and advised otherwise.

Updated time

Last updated

27 January 2021

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