Variation Of Enterprise Agreements

In the event of an amendment to a company agreement, a person covered by the agreement must apply to the Commission for authorisation of the amendment. An application for authorisation to amend a company agreement must be submitted with a Form F23. The Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020 (April amendment) temporarily reduced the period of access to a proposed amendment to a company agreement from 7 calendar days to one calendar day. The signed copy must contain the full name and address of each person signing the amendment; and a statement of the person`s authority to sign the variation. The FWC has implemented an expedited process for urgent requests to vary corporate agreements in order to deal with the effects of COVID-19. Applications can be sent by e-mail to COVID-19Applications@fwc.gov.au. The same procedure applies if you wish to cancel a submitted amendment to a company agreement with the Fair Work Commission (FWC). If the parties to an agreement do not reach agreement on a proposed amendment, the Commission can help them resolve their differences. For companies that have experienced a decline in revenue as a result of COVID-19, delaying or waiving the obligation to implement short-term wage increases under a company agreement can be essential to survive this crisis in the short term and contribute to the recovery of operations. Authorization to amend a company agreement may be refused if compliance with the terms of the agreement as it is to be amended may lead a person to commit an offence under a Commonwealth law or to pay a fine for breach of a Commonwealth law. In order to accept a request to amend a company agreement, either to reduce or avoid a wage increase, the Commission must nevertheless be satisfied that the amended company agreement will pass the `better-off combination test`.

However, at present, the Commission may authorise an amendment to a company agreement that is not the “better-off” combination test if, due to exceptional circumstances, approval of the agreement would not be contrary to the public interest, for example.B. if the proposed amendment is part of a reasonable strategy to help the employer cope with a short-term crisis. Note: The FWC may authorise an amendment under this section with commitments (see section 212). Before voting on an amendment, an employer must ensure that an access deadline is set. . . .

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