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INDUSTRIAL RELATIONS ACT 1984 - SECT 61J Approval of enterprise agreement

INDUSTRIAL RELATIONS ACT 1984 - SECT 61J

Approval of enterprise agreement

(1)  Subject to subsections (1A) and (1C) , the Commissioner must approve an enterprise agreement unless satisfied that–
(a) the conditions of employment specified in the agreement do not comply with the minimum conditions of employment specified in section 61F ; or
(b) .  .  .  .  .  .  .  .  
(c) the matters referred to in section 61E are not contained in the agreement; or
(ca) the bargaining process adopted by the parties to the agreement was not appropriate and fair; or
(d) the agreement was made under duress; or
(e) any matter raised during a hearing convened under section 61I by the Minister, or by an organization intervening under section 27 , justifies refusal of the approval of the agreement; or
(f) the agreement is not fair in all the circumstances; or
(g) the requirements referred to in section 61I(2) , (2A) and (2B) have not been met.
(1A)  The Commissioner must ensure that an enterprise agreement does not disadvantage the employees to be covered by the agreement.
(1B)  An enterprise agreement is taken to disadvantage employees if its approval would result, on balance, in a reduction in the overall terms and conditions of employment of those employees compared with the award or agreement that would otherwise apply to those employees.
(1C)  Notwithstanding subsection (1A) , the Commissioner may approve an enterprise agreement if he or she is satisfied that it is appropriate to approve the agreement having taken into account all of the circumstances including –
(a) whether or not the genuine consent of the parties to the agreement has been given; and
(b) the public interest; and
(c) any other matter the Commissioner considers relevant.
(2)  If the Commissioner approves an enterprise agreement, the Commissioner must–
(a) by notice in writing advise the parties to the agreement and the Minister of the approval and their right to withdraw from the agreement under section 61K ; and
(b) forward a copy of the agreement to the Minister.
(3)  If the Commissioner refuses to approve an enterprise agreement, the Commissioner, by notice in writing, must advise the parties to the agreement and the Minister of the reasons for the refusal.