Implementing new bargaining provisions

Fair Work Commission

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Secure Jobs Better Pay Act) amends the enterprise bargaining provisions in the Fair Work Act 2009 (the FW Act). Some of these amendments commenced on 7 December 2022 and further changes are due to come into effect on 6 June 2023. These amendments will have a significant impact on our work and those who use our services. We are proposing to implement a number of initiatives to assist users to understand and navigate the amendments.

As outlined in a statement by President Justice Hatcher on 8 December 2022, we are committed to implementing these amendments in an open and transparent way and have been listening closely to our users and other experts.

We have established the Enterprise Agreement and Bargaining Advisory Group (EAB Advisory Group) which will meet from early May 2023. This group consists of employer and employee organisations who represent their members interests. They will contribute feedback and advice as we work to design services that meet user needs.

The new provisions place more focus on our role in facilitating bargaining. The President has provided a commitment that we will ensure appropriate support is provided to parties during bargaining. In recognition of the need for increased support, Justice Hatcher recently appointed Deputy President Hampton as the National Practice Leader for Bargaining. See the President's Statement from 4 April 2023

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