Commonwealth Consolidated Acts

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FWC may approve variation with amendments

  (1)   This section applies if:

  (a)   an application for the approval of a variation of an enterprise agreement has been made under section   210; and

  (b)   the FWC has a concern that the variation does not meet the requirements set out in section   211 because the requirement set out in paragraph   186(2)(d) (better off overall test), as it has effect because of subsection   211(4), is not met.

  (2)   The FWC may approve the variation under section   211 if the FWC is satisfied that an amendment to the variation specified by the FWC is necessary to address the concern.

  (3)   If the FWC intends to specify an amendment under subsection   (2), the FWC must seek the views of the following:

  (a)   one or more of the employers covered by the agreement;

  (b)   an employee organisation covered by the agreement.

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