FAIR WORK ACT 2009 - SECT 250 What a single interest employer authorisation must specify

FAIR WORK ACT 2009 - SECT 250

What authorisation must specify

  (1)   A single interest employer authorisation in relation to a proposed enterprise agreement must specify the following:

  (a)   the employers that will be covered by the agreement;

  (b)   the employees who will be covered by the agreement;

  (c)   the person (if any) nominated by the employers to make applications under this Act if the authorisation is made;

  (d)   any other matter prescribed by the procedural rules.

Authorisation may relate to only some of employers or employees

  (2)   If the FWC is satisfied of the matters specified in subsection   249(2) or (3) (which deal with franchisees and common interest employers) in relation to only some of the employers that will be covered by the agreement, the FWC may make a single interest employer authorisation specifying those employers and their employees only.

  (3)   The FWC may make a single interest employer authorisation that does not specify one or more employers specified in an application for the authorisation, and the employees (the relevant employees ) of those employers specified in that application, if the FWC is satisfied that:

  (a)   the employers are bargaining in good faith for a proposed enterprise agreement that will cover the employers and the relevant employees, or substantially the same group of the relevant employees; and

  (b)   the employers and the relevant employees have a history of effectively bargaining in relation to one or more enterprise agreements that have covered the employers and the relevant employees, or substantially the same group of the relevant employees; and

  (c)   on the day that the FWC will make the authorisation, less than 9 months have passed since the most recent nominal expiry date of an agreement referred to in paragraph   (b).

  (4)   If the effect of subsection   (3) is that no employers would be specified in the authorisation, the FWC may refuse the application for the authorisation.