On 21 April 2020, CTI Lawyers published an article advising on the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020.  A copy of that article can be accessed here. The effect of the amendment was that it temporarily shortened the access period for a proposed variation of an enterprise agreement from seven days to one day.

 

On 13 June 2020, the Fair Work Amendment (Variation of Enterprise Agreements No. 2) Regulations 2020 came into effect, which removed the amendment made in April. As a result, all access periods (for both enterprise agreements generally and variations to enterprise agreements) that start on or after 13 June 2020 must be seven days again.

 

Further, any application to vary an enterprise agreement made between 17 April 2020 and 12 June 2020 that has an access period of less than 7 days must be approved by the Fair Work Commission by 12 December 2020.

 

Please note that Form F23A – Employer’s declaration in support of variation of an enterprise, now reflects the new amendments.

 

Disclaimer: This summary is a guide only and is not legal advice. For more information on legislative or contractual obligations, call CTI Lawyers on 1300 361 099 or email law.clerk@neca.asn.au