Section 216B — Fair Work Act 2009 (Cth)

Application for variation

(1) An employee organisation that is covered by a supported bargaining agreement may apply to the FWC for a variation of the agreement that has the effect that an employer that was not covered by the agreement will be covered by it.

Note: Once the employer is covered by the agreement, any of their employees who the agreement is expressed to cover will also be covered by it. See also the definition of affected employees in section 12.

Material to accompany the application

(2) The application must be accompanied by:

(a) a signed copy of the variation proposed by the employee organisation; and

(b) a copy of the agreement as proposed to be varied; and

(c) any declarations that are required by the procedural rules to accompany the application.

Signature requirements

(3) The regulations may, for the purposes of this Subdivision, prescribe requirements relating to the signing of variations.

Related sections

• 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 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 216BA — When the FWC must make a variation of a supported bargaining agreement to add employer and employees
• s 216BB — When the FWC may refuse to make a variation of a supported bargaining agreement to add employer and employees
• s 216BC — When variation comes into operation

Research how courts apply s 216B

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