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Employers' duty to consult about major workplace change should only be triggered after a "definite decision" has been made, the Fair Work Commission has determined for the purpose of drafting model EA terms. However, it flagged that the topic will receive further consideration later this year.

Yesterday, a full bench of the Commission handed down its decision on the drafting of model terms for enterprise agreements, specifically regarding consultation, flexibility arrangements and dealing with disputes.

But the full bench – Vice President Mark Gibian, and Deputy Presidents Theresa Dobson and Terri Butler – commented that the process had been conducted in a relatively short timeframe, as last year's Closing Loopholes No. 2 amendments set a deadline of 26 February 2025 for the provisions to commence...