Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 189

FWA may approve an enterprise agreement that does not pass better off overall test--public interest test

Application of this section

             (1)  This section applies if:

                     (a)  FWA is not required to approve an enterprise agreement under section 186; and

                     (b)  the only reason for this is that FWA is not satisfied that the agreement passes the better off overall test.

Approval of agreement if not contrary to the public interest

             (2)  FWA may approve the agreement under this section if FWA is satisfied that, because of exceptional circumstances, the approval of the agreement would not be contrary to the public interest.

Note:          FWA may approve an enterprise agreement under this section with undertakings (see section 190).

             (3)  An example of a case in which FWA may be satisfied of the matter referred to in subsection (2) is where the agreement is part of a reasonable strategy to deal with a short‑term crisis in, and to assist in the revival of, the enterprise of an employer covered by the agreement.

Nominal expiry date

             (4)  The nominal expiry date of an enterprise agreement approved by FWA under this section is the earlier of the following:

                     (a)  the date specified in the agreement as the nominal expiry date of the agreement;

                     (b)  2 years after the day on which FWA approved the agreement.

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