Section 216AD — Fair Work Act 2009 (Cth)

(1) For the purposes of paragraph 216AB(1)(c), the FWC is to determine whether it is satisfied that the variation has been genuinely agreed to by the affected employees in accordance with section 188, modified as follows:

(a) as if references (other than in a note) to an enterprise agreement being genuinely agreed to were references to the variation being genuinely agreed to;

(b) as if references to employees covered by or expressed to be covered by the agreement, employees requested to approve the agreement by voting for it, or employees, were references to the affected employees;

(c) as if, in paragraph 188(2)(a), the reference to the agreement were a reference to the agreement as proposed to be varied;

(d) as if subsections 188(2A), (3) and (4) were omitted;

(e) as if, in subsections 188(4A) and (5), references to subsection 180(5) were references to section 216AAA;

(f) as if, in paragraph 188(5)(c), the reference to subsection 182(1) or (2) were a reference to subsection 216A(4).

(2) In taking into account the statement of principles made under section 188B:

(a) the FWC may disregard the matters mentioned in paragraphs 188B(3)(a) and (b); and

(b) the matters mentioned in paragraphs 188B(3)(c) and (d) are taken to be matters relating to the agreement as proposed to be varied; and

(c) the matters mentioned in paragraphs 188B(3)(e) are taken to be matters relating to the variation.

(3) The regulations may provide that, for the purposes of the FWC deciding whether it is satisfied that the variation has been genuinely agreed to, specified provisions of this Part, or regulations made for the purposes of this Part, have effect with such modifications as are prescribed by the regulations.

Related sections

• 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
• s 216AE — When the FWC may refuse to approve a variation of a supported bargaining agreement to add employer and employees
• s 216AF — When variation comes into operation
• s 216B — Application for the FWC to vary a supported bargaining agreement to add employer and employees

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