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FAIR WORK ACT 1994 - SECT 77

FAIR WORK ACT 1994 - SECT 77

77—Form and content of enterprise agreement

        (1)         An enterprise agreement

            (a)         must be in writing; and

            (b)         must—

                  (i)         specify the employer to be bound by the agreement; and

                  (ii)         define the group of employees to be bound by the agreement; and

            (c)         must include procedures for preventing and settling industrial disputes between the employer and employees bound by the agreement; and

            (d)         if a majority of at least two-thirds of the total number of employees to be covered by the agreement agree—may include a provision giving an association of employees that is able to represent the industrial interests of the employees' rights to represent the industrial interests of those employees to the exclusion of another association of employees 1 ; and

            (e)         must provide that sick leave is available, subject to limitations and conditions prescribed in the agreement, to an employee if the leave becomes necessary because of the sickness of a child, spouse, domestic partner, parent or grandparent (unless the agreement specifically excludes the extension of sick leave to such circumstances); and

            (f)         must make provision for the renegotiation of the agreement at the end of its term; and

            (g)         must be signed as required by regulation by or on behalf of the employer, and on behalf of the group of employees, to be bound by the agreement.

        (2)         An enterprise agreement should be submitted to SAET for approval within 21 days after the agreement is signed by or on behalf of the persons who are to be bound by it.

Note—

1         However, the provision must be consistent with section 116(1).