Model terms for enterprise agreements and copied State instruments

[2024] FWC 2676

[2024] FWC 2676

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

ss.202(5), 205(3), 737(1), 768BK(1A)—Commission to determine model terms for enterprise agreements and the copied State instrument model term for settling disputes

Model terms for enterprise agreements and copied State instruments

(AG2024/3500, AG2024/3501, AG2024/3502, AG2024/3503)

JUSTICE HATCHER, PRESIDENT SYDNEY, 26 SEPTEMBER 2024

Model terms for enterprise agreements and the copied State instrument model term for settling disputes – Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 – timetable confirmed.

Introduction

1. On 17 September 2024, I issued a statement commencing the process to make new model terms for enterprise agreements and a new model dispute resolution term for copied State instruments. This process is required following the passage of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 which received Royal Assent on 26 February 2024.

1. My 17 September 2024 statement included a proposed timetable for determining the model terms and invited comments from interested parties. One response was received from the Australian Industry Group (Ai Group). The Ai Group submitted that the date for initial submissions should be brought forward by a week, to provide parties with an additional week to prepare their submissions in reply. It also submitted that the consultation process with peak councils should conclude by 18 October 2024.

1. In preparing the proposed timetable, I considered the timetable for the gender undervaluation – priority awards review. I also noted that the timetable proposed aims to facilitate a comprehensive and inclusive consultation process, ensuring all stakeholders have an opportunity to contribute to the development of the model terms. While I appreciate the current demands placed on peak councils and other industrial organisations by the number of major proceedings currently on foot before the Commission, the constraint of the legislative deadline for the finalisation of this matter and the need to give parties a reasonable opportunity to lodge their first-round submissions renders it impracticable to accede to the Ai Group’s proposed modification to the timetable.

1. I confirm the timetable contained in the 17 September 2024 statement. The final timetable is set out below.

Final timetable

Date	Task or event
Fortnight beginning 14 October 2024	Consultations with peak councils
1 November 2024	Parties to lodge submissions on proposed model terms
22 November 2024	Parties to lodge submissions in reply
3 December 2024	Public consultation session with interested parties
20 December 2024	Draft model terms published for comment
31 January 2025	Comments on draft model terms due
Not later than 17 February 2025	Final determinations
26 February 2025 (or earlier by proclamation)	Commencement

1. These matters will now be allocated to a Full Bench comprising Vice President Gibian, Deputy President Dobson and Deputy President Butler.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR779670>