The Fair Work Commission has made changes to its forms relating to enterprise agreement and bargaining.
The changes follow the commencement of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which amended the Fair Work Act 2009.
The changes include:
- Form F17 – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement): Question 17, regarding notification time, now includes requests to bargain under section 173(2A) of the Fair Work Act.
- Form F24C – Declaration in relation to termination of an enterprise agreement after the nominal expiry date: New questions have been added for the new test set out in section 226 of the Fair Work Act
- Form F28 – Application for termination of collective agreement-based transitional instrument: New questions have been added for the new test set out in section 226 of the Fair Work Act
- Form F32 – Application for a bargaining order: Now includes requests to bargain under section 173(2A) of the Fair Work Act as one of the grounds to seek a bargaining order
- New Form F24D – Declaration in response to application to terminate an agreement after the expiry date: This new form allows an employer, employee or union to say whether they support or oppose an application to terminate an enterprise agreement after the nominal expiry date.