Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 437A

  (1)   This section applies if:

  (a)   an application is made under section   437 for a protected action ballot order in relation to a multi - enterprise agreement; and

  (b)   the group or groups of employees specified in the application under paragraph   437(3)(a) include employees of different employers.

Note:   An application cannot be made under section   437 in relation to a cooperative workplace agreement: see paragraph   437(2)(b).

  (2)   This Subdivision (other than paragraph   440(b)) has effect as if the application were multiple applications, one in relation to each employer, with each application being identical apart from only specifying under paragraph   437(3)(a) the group or groups of employees mentioned in paragraph   (1)(b) of this section to the extent that the group or groups consist of employees of the relevant employer.

Example:   A proposed multi - enterprise agreement will cover 3 employers: A, B and C. An application for a protected action ballot order is made under section   437 and specifies the employees of A and B as the groups of employees who are to be balloted. Under subsection   (2) of this section:

(a)   an application is taken to have been made specifying the employees of A; and

(b)   a separate application is taken to have been made specifying the employees of B.

  Subject to section   442, the FWC must deal with each of these 2 applications separately under section   443 and must make separate protected action ballot orders in relation to the employees of each employer (if the requirements of section   443 are satisfied in relation to the employer).