When the FWC must approve variation of multi‑enterprise agreement to remove employer and employees
If an application for the approval of a variation of a multi‑enterprise agreement is made under section 216EA, the FWC must approve the variation if the FWC is satisfied that: (a) the employer mentioned in paragraph 216E(1)(a) complied with subsection 216E(5) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the variation; and (b) the affected employees have voted, by ballot or by an electronic method, on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation; and (c) there are no other reasonable grounds for believing that a majority of the affected employees who cast a valid vote did not approve the variation; and (d) each employee organisation covered by the agreement, that is entitled to represent the industrial interests of one or more affected employees, agrees to the variation.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free