Fair Work Commission Agreement Approval Checklist

Fair Work Commission Agreement Approval Checklist

Fair Work Commission Agreement Approval Checklist

The Fair Work Commission (FWC) is an Australian government agency that is responsible for regulating the workplace relations system in the country. Its main purpose is to ensure that employers provide fair working conditions for their employees.

One of the mechanisms utilized by the FWC to achieve this goal is the approval of enterprise agreements. An enterprise agreement is a legally binding document that sets out the terms and conditions of employment between employers and their employees.

To get an enterprise agreement approved, employers must submit the agreement to the FWC for assessment. The FWC will then assess the agreement to ensure that it complies with all relevant legal requirements. To assist employers in the approval process, we have compiled a checklist of key items to consider before submitting an agreement to the FWC.

1. Coverage

The agreement must cover all employees who will be bound by its terms. This includes both current and future employees. It is important to ensure that the agreement accurately reflects the scope of the workforce that will be covered.

2. Content

The agreement must contain all mandatory clauses required by law. These clauses include the flexibility clause, dispute resolution clause, and consultation clause. It is also important to ensure that the agreement is consistent with the National Employment Standards (NES) and Modern Awards.

3. Bargaining

The agreement must be the result of genuine bargaining between the employer and employees. This means that both parties should have had the opportunity to negotiate the terms of the agreement, and the agreement should reflect a mutually agreed-upon outcome.

4. Approval process

The agreement must have been approved by the majority of employees who voted on it. The voting process must have been conducted in accordance with the relevant legal requirements.

5. Individual flexibility arrangements

The agreement must include a term that allows for individual flexibility arrangements to be made between employees and the employer. This clause must be consistent with the requirements set out in the Fair Work Act.

6. Consultation

The employer must have consulted with employees about the agreement and the effect it will have on their employment.

7. Compliance

The agreement must comply with all relevant legal requirements, including the Fair Work Act and any Modern Awards that apply to the employees covered by the agreement.

In conclusion, submitting an enterprise agreement to the FWC for approval can be a complex process. Employers must ensure that the agreement complies with all relevant legal requirements and is reflective of a genuine bargaining process. By following this checklist, employers can ensure that their agreement meets the necessary criteria for approval by the FWC.

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