(1)   If an application for the approval of a variation of a cooperative workplace agreement is made under section   216CA, the FWC may refuse to approve the variation if the FWC considers that compliance with the terms of the agreement as proposed to be varied may result in:

  (a)   a person committing an offence against a law of the Commonwealth; or

  (b)   a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.

  (2)   Subsection   (1) has effect despite section   216CB (which deals with the approval of variations of cooperative workplace agreements).

  (3)   If the FWC refuses to approve a variation of a cooperative workplace agreement under this section, the FWC may refer the agreement as proposed to be varied to any person or body the FWC considers appropriate.