Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 255

Part does not empower the FWC to make certain orders

             (1)  This Part does not empower the FWC to make an order that requires, or has the effect of requiring:

                     (a)  particular content to be included or not included in a proposed enterprise agreement; or

                     (b)  an employer to request under subsection 181(1) that employees approve a proposed enterprise agreement; or

                     (c)  an employee to approve, or not approve, a proposed enterprise agreement; or

                     (d)  an employer to give a notice under section 178B; or

                     (e)  an employer to specify a particular day in a notice under section 178B; or

                      (f)  an employer to agree to the giving of a notice under section 178B.

             (2)  Despite paragraph (1)(a), the FWC may make an order that particular content be included or not included in a proposed enterprise agreement if the order is made in the course of arbitration undertaken when dealing with a dispute under section 240.

Note:          The FWC may only arbitrate a dispute under section 240 if arbitration has been agreed to by the bargaining representatives for the agreement (see subsection 240(4)).



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