Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536MR

  (1)   If a collective agreement is made, a negotiating entity for the agreement that signed the agreement may, with the consent of the other negotiating entity for the agreement, apply to the FWC to register the agreement.

Material to accompany the application

  (2)   The application must be accompanied by a signed copy of the collective agreement, which must identify the following:

  (a)   the regulated business covered by the collective agreement;

  (b)   the organisation covered by the collective agreement;

  (c)   the class of regulated workers covered by the collective agreement.

  (3)   The application must be accompanied by a declaration signed by the regulated business and the organisation covered by the collective agreement, which must:

  (a)   state that the regulated business and the organisation explained the terms of the agreement and their effect to the regulated workers covered by the agreement, and a description of the explanation; and

  (b)   state that the regulated business or the organisation, as the case requires, made reasonable efforts to give a notice under paragraph   536MN(1)(a) or (b) to the regulated workers referred to in whichever of those paragraphs is applicable; and

  (c)   state that none of the following were subject to any form of duress in relation to the making of the collective agreement:

  (i)   the regulated business covered by the collective agreement;

  (ii)   the organisation covered by the collective agreement;

  (iii)   a regulated worker to whom a notice was given under paragraph   536MN(1)(a) or (b); and

  (e)   if a minimum standards order is in operation that covers the same class of regulated workers as the collective agreement covers--specify:

  (i)   the minimum standards order; and

  (ii)   in relation to each matter dealt with by a term of the collective agreement that is also dealt with by a term of the minimum standards order--how the term of the collective agreement is more beneficial to the regulated workers covered by the collective agreement in relation to that matter than the term of the order in relation to that matter.

  (4)   The application must be accompanied by any other declaration required by the procedural rules.