Understand the tests that apply to agreements

Legal tests

The information you have provided indicates the following legal tests will apply to your agreement:

• Old BOOT
• Old Genuine agreement

Notice of employee representational rights (NERR)

• NERR as prescribed in the Fair Work Regulations before 6 June 2023.

Forms

• Form F16 – Apply to approve a new enterprise agreement

• Form F17A (doc) – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) – notification time before 6 June 2023

• Form F17A (pdf) – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) – notification time before 6 June 2023.

Legal tests

The information you have provided indicates the following legal tests will apply to your agreement:

• New BOOT
• Old Genuine agreement

Notice of employee representational rights (NERR)

• NERR as prescribed in the Fair Work Regulations.

Forms

• Form F16 – Apply to approve a new enterprise agreement

• Form F17A (doc) – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) – notification time before 6 June 2023

• Form F17A (pdf) – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) – notification time before 6 June 2023.

Legal tests

The information you have provided indicates the following legal tests will apply to your agreement:

• New BOOT
• New Genuine agreement

Notice of employee representational rights (NERR)

• NERR as prescribed in the Fair Work Regulations.

Forms

• Form F16 – Apply to approve a new enterprise agreement

• Form F17B (doc) – Employer’s declaration in support of an application for approval of a single-enterprise agreement (other than a greenfields agreement) – notification time on or after 6 June 2023

• Form F17B (pdf) – Employer’s declaration in support of an application for approval of a single-enterprise agreement (other than a greenfields agreement) – notification time on or after 6 June 2023.

Legal tests

The information you have provided indicates the following legal tests will apply to your agreement:

• New BOOT
• New Genuine agreement

Notice of employee representational rights (NERR)

• A NERR does not need to be given to employees but they must be informed of their right to representation.

Forms

• Form F16 – Apply to approve a new enterprise agreement

• Form F17C (doc) – Employer’s declaration in support of an application for approval of a multi-enterprise agreement (other than a greenfields agreement) – notification time on or after 6 June 2023

• Form F17C (pdf) – Employer’s declaration in support of an application for approval of a multi-enterprise agreement (other than a greenfields agreement) – notification time on or after 6 June 2023.

The information you have provided indicates that you have selected a notification time that is after the agreement was made. The notification time must happen before the agreement is made. Please try again or contact us.