Section 216AAA — Fair Work Act 2009 (Cth)

(1) Before an employer requests under subsection 216A(2) that affected employees approve a proposed variation, the employer must take all reasonable steps to ensure that:

(a) the terms of the agreement as proposed to be varied, and the effect of those terms, are explained to the affected employees; and

(b) the explanation is provided in an appropriate manner taking into account the particular circumstances and needs of those employees.

(2) Without limiting paragraph (1)(b), the following are examples of the kinds of employees whose circumstances and needs are to be taken into account for the purposes of complying with that paragraph:

(a) employees from culturally and linguistically diverse backgrounds;

(b) young employees;

(c) employees who did not have a representative for the variation.

Related sections

• s 215A — Approval decision to note amendments
• s 216 — When variation comes into operation
• s 216A — Variation of supported bargaining agreement to add employer and employees
• s 216AA — Application for the FWC’s approval of a variation of a supported bargaining agreement to add employer and employees
• s 216AB — When the FWC must approve a variation of a supported bargaining agreement to add employer and employees
• s 216AC — Determining whether the FWC would have been required to make a supported bargaining authorisation

Research how courts apply s 216AAA

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