Each employer that is a bargaining representative must fill out a declaration using Form F21B. Send this declaration with the application and other materials.
On this page:
Who can use this form
Use this form only if:
- you are lodging this declaration with Form F21A – Application for approval of greenfields agreement made under subsection 182(4) of the Fair Work Act
- you are an employer that is a bargaining representative for the agreement, or an officer or authorised employee acting on their behalf.
Note:
- if you made the agreement under section 182(3) of the Act, complete declaration Form 20.
- if the agreement is not a greenfields agreement, complete declaration Form F17.
Before you start
Have this information ready before you begin. You will need to give or tell us:
- your details as the person making the declaration
- the name of the employer
- the name of the enterprise agreement and the kind of work the agreement will cover
- details of the genuine new enterprise that the employer is setting up or planning to set up
- details of any similar enterprises the employer has or is planning to have
- information about the notified negotiation period including who you notified and when
- details about the steps to sign the agreement
- how it would be in the public interest to approve the agreement
- what the usual pay and conditions are in the relevant industry for similar work
- overall, how the agreement is consistent with these usual pay and conditions
- information about the terms in the agreement and who they cover
- any awards that cover the employer and any of the employees the agreement will cover
- differences in the terms or conditions of employment between the relevant awards and the agreement.
We store your information in line with the Form F21B privacy notice (pdf).
Lodge now
Email your documents to lodge@fwc.gov.au.
You can also send or deliver your documents to the Commission office near you.
What happens next
As soon as possible after you lodge the application, you must send (serve) a copy to each union that is a bargaining representative for the agreement.
Rules and regulations for this form
Fair Work Act 2009: Section 185 and section 185A
Fair Work Commission Rules 2024: Rule 34 , Rule 36 and Schedule 1