Tools and information from the Fair Work Commission

You’ll no doubt be aware that a number of changes enterprise bargaining and agreement making are due to commence from 6 June. You may also be aware that the Fair Work Commission has been developing a range of tools, information and resources to help you understand and navigate the changes.

As 6 June draws closer, I am writing to you today about all the resources we have developed to date. I also invite you to connect with us to keep informed as we continue to produce resources to help you and your members in the weeks and months ahead.

Changes to making agreements

We have published a new tool to help you determine which tests apply to an agreement and are updating our existing tools to make sure you’re accessing the right information at the right time.

New and updated tools:

  1. New: Understand the tests that apply to agreements
  2. Updated: Date calculator for single enterprise agreements
  3. To be updated on 6 June: Create the Notice of Representational Rights

Read about: Changes to making agreements

Statement of principles on genuine agreement

From 6 June 2023, Commission Members will be required to take into account a statement of principles on genuine agreement for agreements where bargaining began on or after 6 June. We have published the final statement of principles on our website.

Go to: Statement of principles on genuine agreement

Changes to multi-enterprise agreements

From 6 June, there will be 3 different types of multi-enterprise agreements. Download, read and share our bargaining information packs, and watch our videos about these new agreements.

Download information packs:

  1. Information pack: New supported bargaining agreements
  2. Information pack: New single employer enterprise agreements
  3. Information pack: New cooperative workplace agreements

Watch videos:

  1. Multi-enterprise bargaining presented by Commissioner Matheson
  2. Three ways we can assist you during bargaining presented by Deputy President Hampton (National Practice Leader for Bargaining)

Protected action ballot orders & intractable bargaining

Download information packs:

  1. Information pack: Changes to protected action ballot orders
  2. Information pack: Changes to intractable bargaining determinations and declarations

Watch videos: Presented by Deputy President Hampton (National Practice Leader for Bargaining)

  1. What is a protected action ballot order application?
  2. Compulsory conciliation conferences during ballot period

Sunsetting of pre-2010 agreements

Pre-2010 agreements that continue to operate will automatically terminate (or ‘sunset’) on 7 December 2023 unless an application is made to the Commission before 7 December 2023 to extend the default period for the agreement.

Employers who have a pre-2010 agreement that still covers one or more employees must give those employees written notice before 7 June 2023.

Download: Our Guide for employers and template written notice — Employers can use our template written notice to meet their obligation, but they don’t have to.

Read about: Sunsetting of pre-2010 agreements (‘zombie agreements’)

Changes to other jurisdictions

The Secure Jobs Better Pay Act introduced changes to a number of other jurisdictions, including sexual harassment at work, flexible work arrangements and extensions to unpaid parental leave, and the regulation of registered organisations. You can access information about all these changes on our Secure Jobs Better Pay Act – what’s changing webpage.

Sharing with your networks and community

I encourage you to share our resources with your members and networks. We have created social media resources to help you share our information packs through your social media channels.

Our Small business information pack on bargaining changes may be of particular value to small businesses in your community.

Find out when new information is available

We will continue to develop more resources in the weeks and months ahead. I invite you to:

  1. subscribe to our Announcements email updates
  2. follow the Commission on LinkedIn

I also invite you to share any feedback about our information and resources with Louise Pine Government Reforms Communications & Information at

If you’d like to raise anything with me directly, I can be contacted on (03) 8656 4700, 0412 767 105 and

Yours sincerely

Murray Furlong
General Manager
Fair Work Commission