Section 216EA — Fair Work Act 2009 (Cth)

Application for approval

(1) If a variation of a multi‑enterprise agreement is made as mentioned in section 216E, one of the following must apply to the FWC for approval of the variation:

(a) the employer mentioned in paragraph 216E(1)(a);

(b) an affected employee;

(c) an employee organisation covered by the agreement that is entitled to represent the industrial interests of an affected employee.

Material to accompany the application

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3) The application must be made:

(a) within 14 days after the variation is made; or

(b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.

Signature requirements

(4) The regulations may prescribe requirements relating to the signing of variations of enterprise agreements.

Related sections

• s 216DE — When the FWC may refuse to approve a variation of a single interest employer agreement
• s 216DF — When variation comes into operation
• s 216E — Variation of multi‑enterprise agreement to remove employer and employees with consent
• s 216EB — When the FWC must approve variation of multi‑enterprise agreement to remove employer and employees
• s 216EC — When variation comes into operation
• s 216ED — Effect of variation

Research how courts apply s 216EA

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