Application to FWC for voting request order
Proposed multi‑enterprise agreement (1) After the notification time for a proposed multi‑enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an order (a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the enterprise agreement by voting for it if: (a) each bargaining representative for the enterprise agreement that is an employee organisation has been asked to provide the employer with written agreement to the making of the request; and (b) one or more of the employee organisations has failed to provide the written agreement. Variation of multi‑enterprise agreement (2) A person referred to in subsection (3) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 208(1) that employees approve a variation of a multi‑enterprise agreement by voting for it if: (a) each employee organisation covered by the enterprise agreement has been asked to provide the employer with written agreement to the making of the request; and (b) one or more of the employee organisations has failed to provide the written agreement. (3) The persons are the following: (a) an employer covered by the enterprise agreement; (b) an employee organisation covered by the enterprise agreement; (c) an affected employee for the variation. Certain proposed single‑enterprise agreements (4) A bargaining representative for a proposed single‑enterprise agreement (the new agreement) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the new agreement by voting for it if all of the following apply: (a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to one or more employees who will be covered by the new agreement; (b) the old agreement has not passed its nominal expiry date; (c) when the new agreement comes into operation, the old agreement will cease to apply to the employees; (d) it is after the notification time for the new agreement; (e) each employee organisation to which the old agreement applies has been asked to provide the employer with written agreement to the making of the request; (f) one or more of the employee organisations has failed to provide the written agreement.
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.
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