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FAIR WORK ACT 2009 - SECT 240A

Application to FWC for voting request order

Proposed multi - enterprise agreement

  (1)   After the notification time for a proposed multi - enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an order (a voting request order ) permitting an employer to make a request under subsection   181(1) that employees approve the enterprise agreement by voting for it if:

  (a)   each bargaining representative for the enterprise agreement that is an employee organisation has been asked to provide the employer with written agreement to the making of the request; and

  (b)   one or more of the employee organisations has failed to provide the written agreement.

Variation of multi - enterprise agreement

  (2)   A person referred to in subsection   (3) may apply to the FWC for an order (also a voting request order ) permitting an employer to make a request under subsection   208(1) that employees approve a variation of a multi - enterprise agreement by voting for it if:

  (a)   each employee organisation covered by the enterprise agreement has been asked to provide the employer with written agreement to the making of the request; and

  (b)   one or more of the employee organisations has failed to provide the written agreement.

  (3)   The persons are the following:

  (a)   an employer covered by the enterprise agreement;

  (b)   an employee organisation covered by the enterprise agreement;

  (c)   an affected employee for the variation.

Certain proposed single - enterprise agreements

  (4)   A bargaining representative for a proposed single - enterprise agreement (the new agreement ) may apply to the FWC for an order (also a voting request order ) permitting an employer to make a request under subsection   181(1) that employees approve the new agreement by voting for it if all of the following apply:

  (a)   a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement ) applies to one or more employees who will be covered by the new agreement;

  (b)   the old agreement has not passed its nominal expiry date;

  (c)   when the new agreement comes into operation, the old agreement will cease to apply to the employees;

  (d)   it is after the notification time for the new agreement;

  (e)   each employee organisation to which the old agreement applies has been asked to provide the employer with written agreement to the making of the request;

  (f)   one or more of the employee organisations has failed to provide the written agreement.


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