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FAIR WORK ACT 2009 - SECT 216CB

When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees

  (1)   If an application for the approval of a variation of a cooperative workplace agreement is made under section   216CA, the FWC must approve the variation if the FWC is satisfied that:

  (a)   the employers, and any employee organisations, covered by the agreement before the variation was made have had an opportunity to express to the FWC their views (if any) on the variation; and

  (b)   the affected employees have voted on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation; and

  (c)   the variation has been genuinely agreed to by the affected employees in accordance with section   216CC; and

  (d)   it is not contrary to the public interest for the employer and the affected employees to be covered by the agreement.

  (2)   Despite subsection   (1), the FWC must not approve the variation if:

  (a)   the agreement is a greenfields agreement that covers employees in relation to general building and construction work; or

  (b)   as a result of the variation, the agreement would cover employees in relation to general building and construction work.

  (3)   Despite subsection   (1), the FWC must not approve the variation if the employer that will be covered by the agreement is specified in a supported bargaining authorisation, or a single interest employer authorisation, in relation to any of the affected employees.


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