Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 185

Bargaining representative must apply for the FWC's approval of an enterprise agreement

Application for approval

             (1)  If an enterprise agreement is made, a bargaining representative for the agreement must apply to the FWC for approval of the agreement.

          (1A)  Despite subsection (1), if the agreement is a multi-enterprise agreement that is a greenfields agreement, the application must be made by:

                     (a)  an employer covered by the agreement; or

                     (b)  a relevant employee organisation that is covered by the agreement.

Material to accompany the application

             (2)  The application must be accompanied by:

                     (a)  a signed copy of the agreement; and

                     (b)  any declarations that are required by the procedural rules to accompany the application.

When the application must be made

             (3)  If the agreement is not a greenfields agreement, the application must be made:

                     (a)  within 14 days after the agreement is made; or

                     (b)  if in all the circumstances the FWC considers it fair to extend that period--within such further period as the FWC allows.

             (4)  If the agreement is a greenfields agreement, the application must be made within 14 days after the agreement is made.

Signature requirements

             (5)  The regulations may prescribe requirements relating to the signing of enterprise agreements.

Single-enterprise agreements that are greenfields agreements

             (6)  This section does not apply to an agreement made under subsection 182(4).



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