Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 216D

Variation by employers and employees

  (1)   The following may jointly make a variation of a single interest employer agreement that will have the effect that they will be covered by the agreement:

  (a)   an employer that is not covered by the agreement;

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

Variation has no effect unless approved by the FWC

  (2)   The variation has no effect unless it is approved by the FWC under section   216DC.

Approval by employee vote

  (3)   The employer may request the affected employees to approve the proposed variation by voting for it.

  (4)   Without limiting subsection   (3), the employer may request that the affected employees vote by ballot or by an electronic method.

When a variation is made

  (5)   A variation under this section is made when a majority of the affected employees who cast a valid vote approve the variation.