Signing an agreement

See Fair Work 2009 Act s.185(5) & reg 2.06A

An enterprise agreement must be signed before an employer or a bargaining representative can apply to the Fair Work Commission for approval.

A copy of an enterprise agreement is a signed copy only if it has been signed by the employer, and at least 1 representative of the employees, covered by the agreement.

The signature of the representative does not bind the representative to the agreement, unless the representative is an employee who will be bound by the agreement.

While it is necessary to have at least 1 representative of the employees sign the agreement, it is not necessary for every representative to sign the agreement.

For the purposes of regulation 2.06A(2)(b)(i) – which requires 'the full name and address of each person who signs the agreement' – a person can use his or her work address, and does not have to provide home address details.[1]

Related information

• Signature and content requirements – common defects & issues

Enterprise agreement NOT signed correctly

Name and address and authority to sign

Re Malteurop Australia Pty Ltd [2014] FWC 2476 (Kovacic DP, 11 April 2014).

Malteurop Australia made an application for approval of the Malteurop Australia Operators Enterprise Agreement 2014.

The signed agreement attached to the application did not meet the requirements of s.185(2)(a) of the Fair Work Act as it did not include the full name and address of each person who signed the agreement nor an explanation of some of the signatories authority to sign the agreement as required by Regulation 2.06A.

Consequently the application was not a valid application and it was dismissed.