Section 180B — Fair Work Act 2009 (Cth)

(1) This section applies to a proposed single‑enterprise agreement (the new agreement) if:

(a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to an employee in relation to particular employment; and

(b) the old agreement has not passed its nominal expiry date; and

(c) when the new agreement comes into operation, the old agreement will cease to apply to the employee in relation to that employment.

(2) An employer must not request under subsection 181(1) that employees approve the new agreement by voting for it unless:

(a) each employee organisation to which the old agreement applies has provided the employer with written agreement to the making of the request; or

(b) a voting request order permits the employer to make the request.

Note: Voting request orders can be made where failure to provide written agreement to the making of a request is unreasonable in the circumstances (see section 240B).

Related sections

• s 179A — Disclosure by employers
• s 180 — Certain pre‑approval requirements
• s 180A — Agreement of bargaining representatives that are employee organisations—proposed multi‑enterprise agreements
• s 181 — Employers may request employees to approve a proposed enterprise agreement
• s 182 — When an enterprise agreement is made
• s 183 — Entitlement of an employee organisation to have an enterprise agreement cover it

Research how courts apply s 180B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.