(1)  In this section –

intending employee means a person who intends to be employed in a new enterprise;

intending employer means a person who intends to be an employer in a new enterprise;

new enterprise means an enterprise which is not in existence but in which persons are proposed to be employed at the commencement of its operations.

(2)  An enterprise agreement in relation to a new enterprise may be made between an intending employer and any one of the following:

(a) one or more organizations of employees representing intending employees;

(b) each of at least 60% of the intending employees if the Commissioner is satisfied that those intending employees have, by declaration in writing, specified a willingness to be employed under the conditions specified in the enterprise agreement.

(3)  The provisions of sections 61E , 61F , 61G , 61H , 61I , 61J , 61K , 61L , 61M , 61N and 61Q apply with the necessary modifications to the making of an enterprise agreement under this section as if it were an enterprise agreement made in respect of an existing enterprise.

(4)  If, at the end of 30 days after the commencement of the operation of the new enterprise, the Commissioner is satisfied –

(a) that the individuals who declared in writing a willingness to be employed under the conditions specified in the enterprise agreement constitute at least 60% of the employees of the enterprise; or

(b) that at least 60% of the persons employed in the enterprise to which the enterprise agreement applies agree to it by secret ballot –

the enterprise agreement remains in force and the provisions of sections 61O , 61P and 61R apply to the agreement.

(5)  If the Commissioner is not satisfied as required under subsection (4) , the Commissioner must terminate the enterprise agreement.

(6)  If the Commissioner terminates an enterprise agreement, the Commissioner must serve notice of the termination on all parties to the agreement.

(7)  If the Commissioner terminates an enterprise agreement, the relevant award conditions apply to employees employed in the enterprise.