The Fair Work Commission (FWC) is developing a new tool called the Agreement Checklist Assistant. This tool will assist the Commission to carry out pre-approval checks for enterprise agreement applications, utilising AI to identify concerns with an agreement before it is allocated to a Commission Member for approval.
To support this new tool, from 31 July 2026, applicants must submit an original digital version of their agreement when they lodge the agreement approval application. The Fair Work Commission Rules 2024 have been amended to reflect this new requirement.
The original digital version of the agreement is a copy that is in a machine-readable format. This means that it is an electronic version which has been created in a word processing software application, such as Microsoft Word (docx). Other documents including Rich Text Format and PDF are also suitable.
If a signed version of the agreement is not in the required digital format, an electronic version with identical content, apart from the signatures, must also be lodged alongside the signed document.
It is important to note that this new Agreement Checklist Assistant is a tool to support Commission staff, not replace them. Human oversight will still happen at key points and decision making will be executed by Commission Members.
The Agreement Checklist Assistant will be implemented to:
- Draw out key timeline information.
- Compare relevant clauses.
- Flag potential issues to be reviewed by staff.
If you would like more information on these Fair Work Commission changes, or would like assistance in lodging applications, contact us via the link below.