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FAIR WORK ACT 2009 - SECT 247

Ministerial declaration that employers may bargain together for a proposed enterprise agreement

Application for declaration

             (1)  Two or more employers that will be covered by a proposed enterprise agreement may apply to the Minister for a declaration under subsection (3).

Note:          Employers named in a declaration may apply for a single interest employer authorisation (see Subdivision B of this Division).

             (2)  The application must specify the employers (the relevant employers ) that will be covered by the agreement.

Declaration by the Minister

             (3)  If an application is made under subsection (1), the Minister may declare, in writing, that the relevant employers may bargain together for the agreement.

             (4)  In deciding whether or not to make the declaration, the Minister must take into account the following matters:

                     (a)  the history of bargaining of each of the relevant employers, including whether they have previously bargained together;

                     (b)  the interests that the relevant employers have in common, and the extent to which those interests are relevant to whether they should be permitted to bargain together;

                     (c)  whether the relevant employers are governed by a common regulatory regime;

                     (d)  whether it would be more appropriate for each of the relevant employers to make a separate enterprise agreement with its employees;

                     (e)  the extent to which the relevant employers operate collaboratively rather than competitively;

                      (f)  whether the relevant employers are substantially funded, directly or indirectly, by the Commonwealth, a State or a Territory;

                     (g)  any other matter the Minister considers relevant.

             (5)  If the Minister decides to make the declaration, the relevant employers must be specified in the declaration.

             (6)  A declaration under subsection (3) is not a legislative instrument.



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