Commonwealth Consolidated Acts

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When the FWC may refuse to approve an enterprise agreement

  (1)   If an application for the approval of an enterprise agreement is made under subsection   182(4) or section   185, the FWC may refuse to approve the agreement if the FWC considers that compliance with the terms of the agreement may result in:

  (a)   a person committing an offence against a law of the Commonwealth; or

  (b)   a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.

  (2)   Subsection   (1) has effect despite sections   186 and 189 (which deal with the approval of enterprise agreements).

  (3)   If the FWC refuses to approve an enterprise agreement under this section, the FWC may refer the agreement to any person or body the FWC considers appropriate.

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