Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 207

Variation by employers and employees

  (1)   The following may jointly make a variation of an enterprise agreement:

  (a)   if the agreement covers a single employer--the employer and:

  (i)   the employees employed at the time who are covered by the agreement; and

  (ii)   the employees employed at the time who will be covered by the agreement if the variation is approved by the FWC;

  (b)   if the agreement covers 2 or more employers--all of those employers and:

  (i)   the employees employed at the time who are covered by the agreement; and

  (ii)   the employees employed at the time who will be covered by the agreement if the variation is approved by the FWC.

Note:   For when a variation of an enterprise agreement is made , see section   209.

  (2)   The employees referred to in paragraphs   (1)(a) and (b) are the affected employees for the variation.

Variation has no effect unless approved by the FWC

  (3)   A variation of an enterprise agreement has no effect unless it is approved by the FWC under section   211.

Limitation--greenfields agreement

  (4)   Subsection   (1) applies to a greenfields agreement only if one or more of the persons who will be necessary for the normal conduct of the enterprise concerned and are covered by the agreement have been employed.