Section 216DE — Fair Work Act 2009 (Cth)

(1) If an application for the approval of a variation of a single interest employer agreement is made under section 216DA or 216DB, 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 216DC (which deals with the approval of variations of single interest employer agreements).

(3) If the FWC refuses to approve a variation of a single interest employer 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 216DB — Application for the FWC’s approval of a variation of a single interest employer agreement to add employer and employees—application by employee organisation
• s 216DC — When the FWC must approve a variation of a single interest employer agreement to add employer and employees
• s 216DD — Determining whether a variation of a single interest employer agreement to add employer and employees has been genuinely agreed to by affected employees
• s 216DF — When variation comes into operation
• s 216E — Variation of multi‑enterprise agreement to remove employer and employees with consent
• s 216EA — Application for the FWC’s approval of variation

Research how courts apply s 216DE

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