Decision [2025] FWCFB 39
Citation: [2025] FWCFB 39
What happened
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 requires the Fair Work Commission (FWC) to create model terms for enterprise agreements and copied State instruments. These terms relate to flexibility, consultation, dispute resolution, and settling disputes for transferring employees. The FWC initiated a process involving consultation with stakeholders, including the Australian Council of Trade Unions (ACTU), the Australian Industry Group (Ai Group), the Australian Chamber of Commerce and Industry (ACCI), and the Council of Small Business Organisations Australia (CoSBOA). Submissions were received from various groups and organisations, followed by a public consultation session. Draft model terms were published for feedback, and further submissions were received.
What was decided
The Fair Work Commission Full Bench has determined model terms for enterprise agreements and copied State instruments, as mandated by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. These terms will apply from February 26, 2025, unless existing enterprise agreements were approved before that date through a vote. The Commission considered submissions from numerous groups and organisations. The model terms can be reviewed and varied by the Commission over time. The Commission acknowledges the contributions made during the consultation process.
What it means for employers
Employers should be aware of the new model terms for enterprise agreements and copied State instruments. If an enterprise agreement doesn't include compliant flexibility or consultation terms, the model terms will apply. Employers who sought employee approval for agreements before February 26, 2025, may be subject to the previous legislative framework.
What it means for employees
Employees may benefit from the new model terms, particularly regarding flexibility arrangements, consultation processes, and dispute resolution. These terms will apply to new enterprise agreements and copied State instruments.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/sites/ag2024-3500/2025fwcfb39.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →