Introduction
After a consultation period, we have developed a Statement of principles for employers on ensuring that employees have genuinely agreed to an enterprise agreement.
On this page:
Content
Introduction
From 6 June 2023, Commission Members will be required to take into account a Statement of principles when determining whether an enterprise agreement has been genuinely agreed to by the employees covered by the agreement. (This date may be earlier if fixed by proclamation.)
Final statement
We published the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 on 12 May 2023.
It commenced operation on 6 June 2023.
Justice Hatcher, President, Vice President Asbury and Deputy President Masson also issued a Full Bench statement.
The Statement of Principles on Genuine Agreement was registered on the Federal Register of Legislation on 17 May 2023. See Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
A replacement Explanatory Statement was lodged on 31 May 2023.
Consultation
We published a discussion paper on 6 February 2023. The paper explains the relevant Fair Work Act provisions. The President’s statement of 30 January provides more detail. This includes information about consultation.
The changes to the Fair Work Act 2009 do not state how to develop or approve the Statement of principles. However, the Legislation Act 2003 requires us to consult with interested parties before we can make the Statement of principles.
The Statement issued on 12 May 2023 provides further detail about the consultation process.
Keep up to date
To keep up to date on consultation and other developments:
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visit our News page regularly.
| Latest news | Published date |
|---|---|
|
President’s statement and draft Statement of principles published |
06/03/2023 |
| Statement of principles discussion paper released | 06/02/2023 |
| President’s statement on the proposed Statement of principles | 30/01/2023 |
Statement and directions
| Description | Document date | Published date |
|---|---|---|
| President’s statement on the draft Statement of principles | 03/03/2023 | 06/03/2023 |
| President’s statement on the proposed Statement of principles | 30/01/2023 | 30/01/2023 |
Submissions
| Description | Party or organisation | Document date | Published date |
|---|---|---|---|
| Development of Statement of Principles on Genuine Agreement - Ai Group Reply Submission | Australian Industry Group | 17/04/2023 | 19/04/2023 |
| Reply Submission re draft Statement of Principles | Mining and Energy Union | 13/04/2023 | 14/04/2023 |
| Draft Statement of Principles on genuine agreement - submission by CFMEU C&G | Construction and General Division of the Construction, Forestry, Maritime, Mining and Energy Union | 13/04/2023 | 14/04/2023 |
| Statement of Principles Consultation - ACTU Reply Submission | Australian Council of Trade Unions | 13/04/2023 | 14/04/2023 |
| Statement of Principles consultation | Australian Council of Trade Unions | 3/04/2023 | 3/04/2023 |
| Submission re draft Statement of Principles | Mining and Energy Union | 31/03/2023 | 3/04/2023 |
|
Mineral Council of Australia |
31/03/2023 |
31/03/2023 |
|
|
Australian Services Union |
31/03/2023 |
31/03/2023 |
|
|
Draft Statement of Principles on genuine agreement - submission by CFMEU C&G |
Construction and General Division of the Construction, Forestry, Maritime, |
30/03/2023 |
31/03/2023 |
|
Construction Forestry Maritime Mining & Energy Union |
30/03/2023 |
31/03/2023 |
|
|
Draft Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 |
Meerkin & Apel |
30/03/2023 |
31/03/2023 |
|
AMWU Submission in response to Draft Statement of Principles on Genuine Agreement |
Australian Manufacturing Workers' Union |
30/03/2023 |
31/03/2023 |
|
Statement of Principles on Genuine Agreement - Ai Group Submission |
Australian Industry Group |
30/03/2023 |
31/03/2023 |
|
Australian Chamber of Commerce and Industry |
30/03/2023 |
31/03/2023 |
|
|
Australian Higher Education Industrial Association |
30/03/2023 |
31/03/2023 |
|
|
Housing Industry Association |
30/03/2023 |
31/03/2023 |
|
| LCA Submission: Draft Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 | Law Council of Australia | 30/03/2023 | 30/03/2023 |
| Statement of Principles - Secure Jobs, better Pay legislation | The Australian Public Transport Industrial Association | 27/03/2023 | 30/03/2023 |
| Submissions on draft statement of principles | Ventia | 15/03/2023 | 30/03/2023 |
| ACTU draft Statement of principles on genuine agreement | ACTU | 24/02/2023 | 27/02/2023 |
| Comment on the proposed Statement of principles | Australian Small Business and Family Enterprise Ombudsman | 15/02/2023 | 21/02/2023 |
Discussion papers and draft instruments
| Description | Published date |
|---|---|
| Draft Fair Work (Statement of principles on Genuine Agreement) 2023 | 06/03/2023 |
| Discussion Paper: Statement of principles on genuine agreement | 06/02/2023 |