Section 216AE — Fair Work Act 2009 (Cth)

(1) If an application for the approval of a variation of a supported bargaining agreement is made under section 216AA, the FWC may refuse to approve the variation if the FWC considers that compliance with the terms of the agreement as proposed to be varied may result in:

(a) a person committing an offence against a law of the Commonwealth; or

(b) a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.

(2) Subsection (1) has effect despite section 216AB (which deals with the approval of variations of supported bargaining agreements).

(3) If the FWC refuses to approve a variation of a supported bargaining agreement under this section, the FWC may refer the agreement as proposed to be varied to any person or body the FWC considers appropriate.

Related sections

• 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 216AD — Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected 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
• s 216BA — When the FWC must make a variation of a supported bargaining agreement to add employer and employees

Research how courts apply s 216AE

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