Model terms for enterprise agreements and copied State instruments

The Fair Work Act 2009  has changed. We will need to make new model terms for enterprise agreements and a new model dispute resolution term for copied State instruments. These terms are currently prescribed in the Fair Work Regulations 2009.

We will make the following model terms:

• a flexibility term for enterprise agreements;
• a consultation term for enterprise agreements;
• a term about dealing with disputes for enterprise agreements; and
• a term for settling disputes about matters arising under a copied State instrument for a transferring employee.

We have started a process to create these terms (AG2024/3500, AG2024/3501, AG2024/3502, AG2024/3503) and the timetable for this process is below.

The Full Bench has considered submissions on proposed model terms from various parties and has held a public consultation session with interested parties on 3 December 2024.

The Full Bench has now issued a Statement publishing draft model terms for comment on 20 December 2024.

Comments on the draft model terms should be sent to chambers.gibian.vp@fwc.gov.au by 4:00 pm (AEDT) on Friday 31 January 2025.

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