Changes to Enterprise Agreement Applications
The Fair Work Commission is continuing to modernise the way enterprise agreement applications are managed, with changes now being introduced to support a new AI-powered Agreement Checklist Assistant.
For employers, employees and bargaining representatives involved in enterprise bargaining, one of the key changes is the requirement to provide a digital version of the enterprise agreement when lodging an application for approval.
While this may appear to be a relatively simple administrative change, it is an important development for anyone preparing and lodging an enterprise agreement application for approval to the Fair Work Commission.
What is changing?
The Fair Work Commission has amended the Fair Work Commission Rules 2024 to require parties to lodge an original digital copy of the enterprise agreement with their application for approval.
The change supports the introduction of the Agreement Checklist Assistant, an AI-enabled tool being developed by the Commission to assist staff with pre-approval checks.
The intention is to make the initial assessment of agreements more efficient by allowing relevant information to be identified and reviewed before an application is allocated to a Commission Member.
What does this mean for parties lodging an agreement?
When submitting an enterprise agreement for approval, parties will now need to ensure that an original digital version of the agreement is provided as part of the application.
The digital version needs to be in a machine-readable format. In practical terms, this generally means an electronic document created using word-processing software.
A Microsoft Word (.docx) document will generally be the preferred format, although other accepted formats include Rich Text Format (RTF) and PDF.
This is an important point to consider during the final stages of enterprise bargaining. Once the agreement has been approved by employees and signed, parties should ensure they have the appropriate digital version readily available for lodgement.
Could you need to lodge two copies?
Potentially.
If the signed version of the agreement is not in an accepted digital format, parties may need to lodge an additional electronic version containing the same content, excluding the signatures.
For example, if the final signed agreement is only available in a format that cannot be read by the Commission's systems, an additional machine-readable copy may be required.
This means parties should consider the format of their final agreement before reaching the lodgement stage, rather than treating the digital copy as an administrative task to address at the last minute.
What happens if the digital copy isn't provided?
The Commission has indicated that applicants who do not provide a digital copy will be contacted.
If the required digital version is still not provided, a Commission Member may request an explanation for the non-compliance. This could result in delays in the processing of the application.
For parties who have spent months working through enterprise bargaining, a preventable administrative issue at the approval stage is something worth avoiding.
A simple final check of the documents being lodged can help ensure the application is complete and ready to be processed.
What is the Agreement Checklist Assistant?
The Agreement Checklist Assistant is a new support tool being developed by the Fair Work Commission to assist staff with pre-approval checks for enterprise agreement applications.
The tool uses AI to help identify and organise information within an agreement before it reaches a Commission Member.
Importantly, the Agreement Checklist Assistant will not replace the decision-making role of Commission Members. Human oversight will remain an important part of the approval process.
The tool is expected to assist staff by:
drawing out key timeline information;
comparing relevant clauses; and
identifying potential issues that may require further review by specialist staff.
The aim is to improve efficiency while ensuring that matters requiring human consideration are appropriately identified and escalated.
Why does this matter for employers and bargaining representatives?
For those involved in enterprise bargaining, this is another reminder that preparing an enterprise agreement for approval is more than simply obtaining signatures and submittingthe application.
The final administrative checks matter.
Before lodging an agreement, parties should consider whether:
the correct final version of the agreement is being lodged;
the digital version is machine-readable;
the digital copy is consistent with the signed agreement, apart from signatures where applicable;
all required application documents have been prepared; and
the agreement is ready to progress through the Commission's approval process.
These checks can be particularly important where multiple versions of an agreement have been circulated throughout bargaining.
A broader shift towards more efficient agreement approval
The introduction of the Agreement Checklist Assistant forms part of a broader period of change at the Fair Work Commission, including changes to case management practices, systems and information resources.
For employers and employee representatives, the practical takeaway is simple: the way enterprise agreements are prepared and lodged continues to evolve.
As technology becomes increasingly integrated into administrative and pre-approval processes, parties will need to ensure their agreements and supporting documentation are prepared in a way that allows the approval process to operate as efficiently as possible.
Good preparation does not end when the bargaining parties reach agreement. It continues through to the final document checks, signing and lodgement.
Taking the time to get these final steps right can help avoid unnecessary delays and ensure the hard work undertaken during bargaining can move smoothly into the approval stage.
What should you do now?
If you are currently negotiating an enterprise agreement, it is worth building the digital lodgement requirements into your bargaining preparation now.
Don't wait until the agreement has been signed to consider whether you have an appropriate digital copy available.
A few additional minutes spent checking the final documents can help avoid issues later — particularly when the objective is to have the agreement approved and implemented as efficiently as possible.
More information
For further information about enterprise bargaining, agreement approval and preparing for the approval process, contact Humanify HR Consulting at hello@humanifyhr.com.au.
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