Commonwealth Numbered Acts

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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 190

FWA may approve an enterprise agreement with undertakings

Application of this section

             (1)  This section applies if:

                     (a)  an application for the approval of an enterprise agreement has been made under section 185; and

                     (b)  FWA has a concern that the agreement does not meet the requirements set out in sections 186 and 187.

Approval of agreement with undertakings

             (2)  FWA may approve the agreement under section 186 if FWA is satisfied that an undertaking accepted by FWA under subsection (3) of this section meets the concern.


             (3)  FWA may only accept a written undertaking from one or more employers covered by the agreement if FWA is satisfied that the effect of accepting the undertaking is not likely to:

                     (a)  cause financial detriment to any employee covered by the agreement; or

                     (b)  result in substantial changes to the agreement.

FWA must seek views of bargaining representatives

             (4)  FWA must not accept an undertaking under subsection (3) unless FWA has sought the views of each person who FWA knows is a bargaining representative for the agreement.

Signature requirements

             (5)  The undertaking must meet any requirements relating to the signing of undertakings that are prescribed by the regulations.

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