Once a collective agreement has been made, one of the negotiating entities must apply to us to register the collective agreement. We will then review the application against the rules in the Fair Work Act 2009.
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When a collective agreement is made
A collective agreement is made when it is signed by both of the negotiating entities:
- the regulated business, and
- the union that represents the regulated workers.
See Section 536MQ(3) of the Fair Work Act 2009.
Apply to register a collective agreement
Once a collective agreement has been made, one of the negotiating entities must apply to us to register the collective agreement.
Use Form F94 – Application to register a collective agreement to make your application.
Your application must include a signed copy of the collective agreement and Form F95 – Declaration in support of an application to register a collective agreement signed by both the regulated business and the union covered by the collective agreement.
General requirements for registration
Once a registration application has been made, a Commission Member will assess your application and your collective agreement against the requirements in the Fair Work Act 2009.
The registration application must include:
- a signed copy of the collective agreement that identifies:
- the regulated business covered by the collective agreement
- the organisation covered by the collective agreement, and
- the class of regulated workers covered by the collective agreement
- a Form F95 – Declaration in support of an application to register a collective agreement signed by both the regulated business and the union covered by the collective agreement.
The collective agreement must include:
- a term that provides a procedure that requires or allows us or another person independent of the persons covered by the agreement:
- to settle disputes about any matters arising under the collective agreement, and
- that allows for representation of regulated workers covered by the collective agreement for the purposes of the dispute settlement procedure.
- a term that provides for its period of operation
- a term that provides for requirements in relation to terminating the collective agreement before the end of its period of operation.
The Commission Member must be satisfied that the operation of the agreement would not be contrary to the public interest taking into account the object in Section 536MJ of the Fair Work Act 2009.
See Section 536MS and Section 536MR of the Fair Work Act 2009.
If the Commission Member is satisfied the requirements are met, we will register the collective agreement.
The collective agreement will start:
- on the date it is registered, or
- a later date if specified in the agreement.
Published collective agreements
We will publish a copy of all collective agreements registered on our website with a copy of the Form F95 declaration as they become available.
See Section 536MS(4) of the Fair Work Act 2009.