FAIR WORK ACT 2009 - SECT 184 Multi - enterprise agreement to be varied if not all employees approve the agreement
FAIR WORK ACT 2009 - SECT 184
Multi - enterprise agreement to be varied if not all employees approve the agreement(1) This section applies if:
(a) a multi - enterprise agreement is made; and
(b) the agreement was not approved by the employees of all of the employers that made a request under subsection 181(1) in relation to the agreement.
(2) Before a bargaining representative applies under section 185 for approval of the agreement, the bargaining representative must vary the agreement so that the agreement is expressed to cover only the following:
(a) each employer whose employees approved the agreement;
(b) the employees of each of those employers.
(3) The bargaining representative who varies the agreement as referred to in subsection (2) must give written notice of the variation to all the other bargaining representatives for the agreement.
(4) The notice must specify the employers and employees that the agreement as varied covers.
(5) Subsection (3) does not require the
bargaining representative to give a notice to a person if the
bargaining representative does not know, or could not reasonably be expected
to know, that the person is a bargaining representative for the agreement.