Section 188A — Fair Work Act 2009 (Cth)

Disclosure documents

Failure by an organisation to comply with section 179 (disclosure by organisations), or by an employer to comply with section 179A or subsection 180(4A), (4B) or (4C) (disclosure by employers), in relation to an agreement:

(a) does not mean that the agreement has not been genuinely agreed to by employees; and

(b) is not otherwise relevant to approval by the FWC of the agreement.

Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 186 — When the FWC must approve an enterprise agreement—general requirements
s 187 — When the FWC must approve an enterprise agreement—additional requirements
s 188 — Determining whether an enterprise agreement has been genuinely agreed to by employees
s 188B — Statement of principles on genuine agreement
s 189 — FWC may approve an enterprise agreement that does not pass better off overall test—public interest test
s 190 — FWC may approve an enterprise agreement with undertakings

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