Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 249

When the FWC must make a single interest employer authorisation

Single interest employer authorisation

             (1)  The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if:

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

                     (b)  the FWC is satisfied that:

                              (i)  the employers that will be covered by the agreement have agreed to bargain together; and

                             (ii)  no person coerced, or threatened to coerce, any of the employers to agree to bargain together; and

                     (c)  the requirements of either subsection (2) (which deals with franchisees) or (3) (which deals with employers that may bargain together for a proposed enterprise agreement) are met.

Franchisees

             (2)  The requirements of this subsection are met if the FWC is satisfied that the employers carry on similar business activities under the same franchise and are:

                     (a)  franchisees of the same franchisor; or

                     (b)  related bodies corporate of the same franchisor; or

                     (c)  any combination of the above.

Employers that may bargain together for the agreement

             (3)  The requirements of this subsection are met if the FWC is satisfied that all of the employers are specified in a declaration made under section 247 in relation to the agreement.

Operation of authorisation

             (4)  The authorisation:

                     (a)  comes into operation on the day on which it is made; and

                     (b)  ceases to be in operation at the earlier of the following:

                              (i)  the day on which the enterprise agreement to which the authorisation relates is made;

                             (ii)  12 months after the day on which the authorisation is made or, if the period is extended under section 252, at the end of that period.



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