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FAIR WORK ACT 2009 - SECT 201

Approval decision to note certain matters

Approval decision to note model terms included in an enterprise agreement

             (1)  If:

                     (a)  the FWC approves an enterprise agreement; and

                     (b)  either or both of the following apply:

                              (i)  the model flexibility term is taken, under subsection 202(4), to be a term of the agreement;

                             (ii)  the model consultation term is taken, under subsection 205(2), to be a term of the agreement;

the FWC must note in its decision to approve the agreement that those terms are so included in the agreement.

Approval decision to note that an enterprise agreement covers an employee organisation

             (2)  If:

                     (a)  an employee organisation has given a notice under subsection 183(1) that the organisation wants the enterprise agreement to cover it; and

                     (b)  the FWC approves the agreement;

the FWC must note in its decision to approve the agreement that the agreement covers the organisation.

          (2A)  If:

                     (a)  an agreement is made under subsection 182(4) (which deals with a single-enterprise agreement that is a greenfields agreement); and

                     (b)  the FWC approves the agreement;

the FWC must note in its decision to approve the agreement that the agreement covers each employee organisation that was a bargaining representative for the agreement.

Approval decision to note undertakings

             (3)  If the FWC approves an enterprise agreement after accepting an undertaking under subsection 190(3) in relation to the agreement, the FWC must note in its decision to approve the agreement that the undertaking is taken to be a term of the agreement.



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