The Fair Work Commission issuing model terms for enterprise agreements

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  • The current model flexibility, consultation and dispute resolution terms for enterprise agreements have remained largely unchanged over the last decade. Currently, the Minister for Employment and Workplace Relations has responsibility for preparing these model terms.
  • The Fair Work Commission is responsible for preparing flexibility, consultation and dispute resolution terms in modern awards. The Fair Work Commission also has responsibility for approving enterprise agreements.
  • To align model enterprise agreement terms with model modern award terms, the Government is inviting stakeholder views on a proposal to amend the Fair Work Act 2009 to provide for the Fair Work Commission to issue model terms for enterprise agreements.


  • Model consultation, flexibility, and dispute settlement terms for enterprise agreements should be prepared by an expert and independent body and remain broadly consistent with comparable modern award clauses.
  • Model enterprise agreement terms should be flexible and respond to best practice workplace relations.

Key questions

  • Would there be any adverse or unintended consequences if the power to make model consultation, flexibility and dispute resolution terms in enterprise agreements was given to the Fair Work Commission rather than the Minister?
  • What role should key stakeholders play in assisting the Fair Work Commission to exercise this function?