Document ID: chunk:federal_register_of_legislation:F2023L00551:clause:1_4:p1
Version: federal_register_of_legislation:F2023L00551
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/8)
Character Range: 1784–4590

4  Statement of Principles on Genuine Agreement
  For the purposes of section 188B(1) of the Fair Work Act 2009, the statement of principles for employers on ensuring that employees have genuinely agreed to an enterprise agreement is made as set out in Schedule 1 to this instrument.

           Schedule 1—Statement of Principles on Genuine Agreement

Statement of Principles on Genuine Agreement

This Statement of Principles sets out matters that the Fair Work Commission (FWC) must take into account in determining whether it is satisfied that an enterprise agreement 'has been genuinely agreed to by the employees covered by the agreement'.

The Fair Work Act 2009 (Cth) (Fair Work Act) provides that an enterprise agreement must be approved by the FWC to come into operation. Section 186 of the Fair Work Act sets out general requirements for the approval of an enterprise agreement. These requirements include, if the agreement is not a greenfields agreement, that the FWC is satisfied the agreement has been genuinely agreed to by the employees covered by the agreement.

Section 188 sets out requirements that must be met for the FWC to be satisfied an enterprise agreement has been genuinely agreed to by employees. One of these requirements (in section 188(1)) is that the FWC must take into account this Statement of Principles on Genuine Agreement, which is made by the FWC under section 188B.

The Fair Work Act also generally requires the FWC to be satisfied that a variation of an enterprise agreement has been genuinely agreed to by employees before it can approve the variation. In determining whether it is satisfied that a variation has been genuinely agreed to, the FWC must take into account this Statement of Principles on Genuine Agreement in the manner and to the extent provided for in the Fair Work Act and the Fair Work Regulations 2009.

Informing employees of bargaining for a proposed enterprise agreement
Informing employees of their right to be represented by a bargaining representative

     1. The employer should ensure that employees of the employer who will be covered by a proposed enterprise agreement and are employed at the notification time for the agreement (as defined in section 173(2) of the Fair Work Act) are informed:

        (a) that the employer is bargaining for an enterprise agreement and of the proposed coverage of the agreement, and

        (b) of the employees' rights to be represented in bargaining for the agreement, including by an employee organisation or by another bargaining representative of their choice, and how to exercise those rights,

    at such a time and in such a manner that the employees have a reasonable opportunity to be represented in bargaining for the agreement.

    2.             Where section 173(1) of the Fair