2006 GUIDELINES AND FAIR WORK ACT AGREEMENTS
To ensure that all parties are able to take full advantage of the benefits provided by the good faith bargaining provisions of the Fair Work Act 2009 (FW Act), when assessing FW Act agreements against the 2006 Guidelines, DEEWR will give primacy to Section 8.1.1 of those Guidelines (or the comparable clauses of other versions of the Guidelines). Section 8.1.1 requires compliance with, amongst other things, relevant legislation and industrial instruments. This will mean that any registered FW Act agreement will be deemed compliant with all versions of the Guidelines.NOTE: Parties will continue to have to comply with their FW Act agreement and with those elements of the 2006 Guidelines that do not conflict with their agreement, including in relation to their practical on-site application.