(1) If an application for the approval of a variation of an enterprise agreement is made under section 210, FWA may refuse to approve the variation if FWA considers that compliance with the terms of the agreement as proposed to be varied may result in:
(a) a person committing an offence against a law of the Commonwealth; or
(b) a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.
(2) Subsection (1) has effect despite section 211 (which deals with the approval of variations of enterprise agreements).
(3) If FWA refuses to approve a variation of an enterprise agreement under this section, FWA may refer the agreement as proposed to be varied to any person or body FWA considers appropriate.