Commonwealth Consolidated Acts

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Multi-enterprise agreement to be varied if not all employees approve the agreement

Application of this section

             (1)  This section applies if:

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

                     (b)  the agreement was not approved by the employees of all of the employers that made a request under subsection 181(1) in relation to the agreement.

Variation of agreement

             (2)  Before a bargaining representative applies under section 185 for approval of the agreement, the bargaining representative must vary the agreement so that the agreement is expressed to cover only the following:

                     (a)  each employer whose employees approved the agreement;

                     (b)  the employees of each of those employers.

             (3)  The bargaining representative who varies the agreement as referred to in subsection (2) must give written notice of the variation to all the other bargaining representatives for the agreement.

             (4)  The notice must specify the employers and employees that the agreement as varied covers.

             (5)  Subsection (3) does not require the bargaining representative to give a notice to a person if the bargaining representative does not know, or could not reasonably be expected to know, that the person is a bargaining representative for the agreement.

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