Get the basics right when introducing (or updating) an Enterprise Agreement – or risk rejection!

Falcon Mining Pty Ltd recently sought to have an Enterprise Agreement approved by the Fair Work Commission but essentially failed in its efforts because the HR Manager neglected to satisfy numerous requirements.

In summary, the problems associated with the Enterprise Agreement, and the factors that the Fair Work Commission (FWC) collectively took into consideration in reaching its decision to refuse the application for approval included:

• Incorrect statements in Form 16 (Application for approval of the Agreement) and Form 17 (Employer declaration in support of approval of Agreement). Specifically, the HR Manager incorrectly named the employer in parts of Form 16 and declared in Form 17 that the Agreement did not contain terms that were less beneficial than those in the Award, when that was not in fact the case;