Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 188

When employees have genuinely agreed to an enterprise agreement

                   An enterprise agreement has been genuinely agreed to by the employees covered by the agreement if the FWC is satisfied that:

                     (a)  the employer, or each of the employers, covered by the agreement complied with the following provisions in relation to the agreement:

                              (i)  subsections 180(2), (3) and (5) (which deal with pre-approval steps);

                             (ii)  subsection 181(2) (which requires that employees not be requested to approve an enterprise agreement until 21 days after the last notice of employee representational rights is given); and

                     (b)  the agreement was made in accordance with whichever of subsection 182(1) or (2) applies (those subsections deal with the making of different kinds of enterprise agreements by employee vote); and

                     (c)  there are no other reasonable grounds for believing that the agreement has not been genuinely agreed to by the employees.



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