Fair Work Act 2009

An agreement (an enterprise agreement) that is about one or more of the following matters (the permitted matters) may be made in accordance with this Part:

matters pertaining to the relationship between an employer that will be covered by the agreement and that employer’s employees who will be covered by the agreement;

matters pertaining to the relationship between the employer or employers, and the employee organisation or employee organisations, that will be covered by the agreement;

deductions from wages for any purpose authorised by an employee who will be covered by the agreement;

how the agreement will operate.

For when an enterprise agreement covers an employer, employee or employee organisation, see section 53.

An employee organisation that was a bargaining representative for a proposed enterprise agreement that is not a greenfields agreement will be covered by the agreement if the organisation notifies the FWC under section 183 that it wants to be covered.

An employer, or 2 or more employers that are related employers, may make an enterprise agreement (a single‑enterprise agreement):

with the employees who are employed at the time the agreement is made and who will be covered by the agreement; or

with one or more relevant employee organisations if:

the agreement relates to a genuine new enterprise that the employer or employers are establishing or propose to establish; and

the employer or employers have not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the agreement.

The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12).

Two or more employers that are not all related employers, or that are all related employers mentioned in subsection (3A), may make an enterprise agreement (a multi‑enterprise agreement):

with the employees who are employed at the time the agreement is made and who will be covered by the agreement; or

with one or more relevant employee organisations if:

the agreement relates to a genuine new enterprise that the employers are establishing or propose to establish; and

the employers have not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the agreement.

The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12).

The FWC must not approve a multi‑enterprise agreement that is not a greenfields agreement if the agreement would cover employees in relation to general building and construction work (see subsection 186(2B)).

Two or more employers that are all related employers under paragraph (5A)(c) (whether or not those employers are also related employers under another paragraph of subsection (5A)) may make a multi‑enterprise agreement under subsection (3).

A single‑enterprise agreement made as referred to in paragraph (2)(b), or a multi‑enterprise agreement made as referred to in paragraph (3)(b), is a greenfields agreement.

Despite any other provision of this Part, if an employer is specified in a single interest employer authorisation that is in operation:

the only kind of enterprise agreement the employer may make with their employees who are specified in the authorisation is a single interest employer agreement; and

the employer must not initiate bargaining, agree to bargain, or be required to bargain with those employees for any other kind of enterprise agreement.

Two or more employers are related employers if:

the employers are engaged in a joint venture or common enterprise; or

the employers are related bodies corporate; or

the employers carry on similar business activities under the same franchise and are:

franchisees of the same franchisor; or

related bodies corporate of the same franchisor; or

any combination of the above.

An enterprise agreement cannot be made with a single employee.

Despite any other provision of this Part, if an employer is specified in a supported bargaining authorisation that is in operation:

the only kind of enterprise agreement the employer may make with their employees who are specified in the authorisation is a supported bargaining agreement; and

the employer must not initiate bargaining, agree to bargain, or be required to bargain with those employees for any other kind of enterprise agreement.