Commonwealth Consolidated Acts

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When the FWC may make a bargaining order

Bargaining orders

             (1)  The FWC may make a bargaining order under this section in relation to a proposed enterprise agreement if:

                     (a)  an application for the order has been made; and

                     (b)  the requirements of this section are met in relation to the agreement; and

                     (c)  the FWC is satisfied that it is reasonable in all the circumstances to make the order.

Note:          See also section 255A (limitations relating to greenfields agreements).

Agreement to bargain or certain instruments in operation

             (2)  The FWC must be satisfied in all cases that one of the following applies:

                     (a)  the employer or employers have agreed to bargain, or have initiated bargaining, for the agreement;

                     (b)  a majority support determination in relation to the agreement is in operation;

                     (c)  a scope order in relation to the agreement is in operation;

                     (d)  all of the employers are specified in a low-paid authorisation that is in operation in relation to the agreement.

Good faith bargaining requirements not met

             (3)  The FWC must in all cases be satisfied:

                     (a)  that:

                              (i)  one or more of the relevant bargaining representatives for the agreement have not met, or are not meeting, the good faith bargaining requirements; or

                             (ii)  the bargaining process is not proceeding efficiently or fairly because there are multiple bargaining representatives for the agreement; and

                     (b)  that the applicant has complied with the requirements of subsection 229(4) (which deals with notifying relevant bargaining representatives of concerns), unless subsection 229(5) permitted the applicant to make the application without complying with those requirements.

Bargaining order must be in accordance with section 231

             (4)  The bargaining order must be in accordance with section 231 (which deals with what a bargaining order must specify).

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