Section 255A — Fair Work Act 2009 (Cth)

(1) If:

(a) a proposed single‑enterprise agreement is a greenfields agreement; and

(b) there has been a notified negotiation period for the agreement; and

(c) the notified negotiation period has ended;

then:

(d) the following provisions do not apply in relation to the agreement at any time after the end of the notified negotiation period:

(i) section 228 (which deals with good faith bargaining requirements);

(ii) sections 229 and 230 (which deal with bargaining orders);

(iii) sections 234 and 235 (which deal with serious breach declarations);

(iv) section 240 (which deals with bargaining disputes); and

(e) a bargaining order that relates to the agreement ceases to have effect at the end of the notified negotiation period.

(2) Paragraph (1)(e) has effect despite anything in section 232 (which deals with the operation of bargaining orders).

Related sections

• s 254 — Applications by bargaining representatives
• s 254A — Entitlement for volunteer bodies to make submissions
• s 255 — Part does not empower the FWC to make certain orders
• s 256 — Prospective employers and employees
• s 256A — How employees, employers and employee organisations are to be described
• s 257 — Enterprise agreements may incorporate material in force from time to time etc.

Research how courts apply s 255A

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