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FAIR WORK ACT 2009 - SECT 182

When an enterprise agreement is made

Single-enterprise agreement that is not a greenfields agreement

             (1)  If the employees of the employer, or each employer, that will be covered by a proposed single-enterprise agreement that is not a greenfields agreement have been asked to approve the agreement under subsection 181(1), the agreement is made when a majority of those employees who cast a valid vote approve the agreement.

Multi-enterprise agreement that is not a greenfields agreement

             (2)  If:

                     (a)  a proposed enterprise agreement is a multi-enterprise agreement; and

                     (b)  the employees of each of the employers that will be covered by the agreement have been asked to approve the agreement under subsection 181(1); and

                     (c)  those employees have voted on whether or not to approve the agreement; and

                     (d)  a majority of the employees of at least one of those employers who cast a valid vote have approved the agreement;

the agreement is made immediately after the end of the voting process referred to in subsection 181(1).

Greenfields agreement

             (3)  A greenfields agreement is made when it has been signed by each employer and each relevant employee organisation that the agreement is expressed to cover (which need not be all of the relevant employee organisations for the agreement).

             (4)  If:

                     (a)  a proposed single-enterprise agreement is a greenfields agreement that has not been made under subsection (3); and

                     (b)  there has been a notified negotiation period for the agreement; and

                     (c)  the notified negotiation period has ended; and

                     (d)  the employer or employers that were bargaining representatives for the agreement (the relevant employer or employers ) gave each of the employee organisations that were bargaining representatives for the agreement a reasonable opportunity to sign the agreement; and

                     (e)  the relevant employer or employers apply to the FWC for approval of the agreement;

the agreement is taken to have been made :

                      (f)  by the relevant employer or employers with each of the employee organisations that were bargaining representatives for the agreement; and

                     (g)  when the application is made to the FWC for approval of the agreement.

Note:          See also section 185A (material that must accompany an application).



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