FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 185 Bargaining representative must apply for FWA approval of an enterprise agreement

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 185

Application for approval

             (1)  If an enterprise agreement is made, a bargaining representative for the agreement must apply to FWA for approval of the agreement.

          (1A)  Despite subsection (1), if the agreement is a greenfields agreement, the application must be made by:

                     (a)  an employer covered by the agreement; or

                     (b)  a relevant employee organisation that is covered by the agreement.

Material to accompany the application

             (2)  The application must be accompanied by:

                     (a)  a signed copy of the agreement; and

                     (b)  any declarations that are required by the procedural rules to accompany the application.

When the application must be made

             (3)  If the agreement is not a greenfields agreement, the application must be made:

                     (a)  within 14 days after the agreement is made; or

                     (b)  if in all the circumstances FWA considers it fair to extend that period--within such further period as FWA allows.

             (4)  If the agreement is a greenfields agreement, the application must be made within 14 days after the agreement is made.

Signature requirements

             (5)  The regulations may prescribe requirements relating to the signing of enterprise agreements.