Model terms for enterprise agreements and copied State instruments

The Fair Work Act 2009  has changed. We had to make new model terms for enterprise agreements and a new model dispute resolution term for copied State instruments. These terms are currently prescribed in the Fair Work Regulations 2009.

We were required to make the following model terms:

• a flexibility term for enterprise agreements;
• a consultation term for enterprise agreements;
• a term about dealing with disputes for enterprise agreements; and
• a term for settling disputes about matters arising under a copied State instrument for a transferring employee.

We engaged in a process to create these terms (AG2024/3500, AG2024/3501, AG2024/3502, AG2024/3503) and a timetable was established for this process on 26 September 2024.

The Full Bench considered submissions on proposed model terms from various parties and held a public consultation session with interested parties on 3 December 2024.

The Full Bench issued a Statement publishing draft model terms for comment on 20 December 2024. Comments were received on the draft model terms from various interested parties.

The Full Bench issued a Decision [2025] FWCFB 39, and four determinations finalising the new model terms on 20 February 2025. The new model terms are set out in the determinations below:

• Determination – Model Consultation Term for enterprise agreements - PR784578
• Determination – Model Flexibility Term for enterprise agreements - PR784579
• Determination – Model Disputes Term for enterprise agreements - PR784580
• Determination – Model Disputes Term for copied State instruments - PR784583

The new model terms will operate from 26 February 2025.

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