The Fair Work Act 2009 (FW Act) currently requires that in order to approve an enterprise agreement, the Fair Work Commission (FWC) must be satisfied that it was ‘genuinely agreed’ to by the employees who would be covered by it. The FW Act also describes when an agreement has been genuinely agreed.

As a result of amendments made to the FW Act by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, from 6 June 2023 (unless proclaimed earlier):

• Some of the requirements prescribed by the FW Act, which must currently be satisfied for there to be ‘genuine agreement’, will be amended or removed; and
• The FWC has developed a Statement of Principles on Genuine Agreement, which must be taken into account by the FWC when considering whether there has been ‘genuine agreement’.