You have 4 weeks left to initiate bargaining if you want the current rules to apply!

Much has been said about the incoming raft of changes brought about by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth).  Some of the most significant changes in that law commence on 6 June 2023.[1] However, the new rules about ‘genuine agreement’ like the requirements in the “Fair Work Statement of Principles on Genuine Agreement” and some of the pre-approval requirements will not apply to enterprise agreements that have a “notification time” (such as when the employer has initiated or agreed to bargain) before 6 June 2023.[2]

 This provides employers with agreements near or past their nominal expiry with an opportunity to choose whether they would like the current bargaining rules to apply or if they would prefer to chance it under the new framework. There are pros and cons to both options.

Get in touch if you’d like to chat.

[1] Unless an earlier date is set by proclamation, which appears unlikely at this point.

[2] See the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), s 660, or the Fair Work Act 2009 (Cth), Sch 1, Pt 13, Div 11, s 66.