Section 536MT — Fair Work Act 2009 (Cth)

(1) The following may apply for a variation of a collective agreement that is in operation:

(a) the regulated business covered by the collective agreement;

(b) the organisation covered by the collective agreement.

Material to accompany the application

(2) The application must be accompanied by a signed copy of the collective agreement as proposed to be varied, which must identify the following:

(a) the regulated business covered by the collective agreement;

(b) the organisation covered by the collective agreement;

(c) the class of regulated workers covered by the collective agreement as proposed to be varied.

(3) The application must be accompanied by a declaration signed by the regulated business and the organisation covered by the collective agreement, which must:

(a) state that the regulated business and the organisation explained the terms of the agreement and their effect to the regulated workers covered by the agreement as proposed to be varied, and a description of the explanation; and

(b) if a minimum standards order is in operation that covers the same class of regulated workers as the collective agreement as proposed to be varied—specify:

(i) the minimum standards order; and

(ii) in relation to each matter dealt with by a term of the collective agreement as proposed to be varied that is also dealt with by a term of the minimum standards order—how the term of the collective agreement as proposed to be varied is more beneficial to the regulated workers covered by the collective agreement as proposed to be varied, in relation to that matter, than the term of the order in relation to that matter; and

(c) that no regulated worker, regulated business or organisation covered by the collective agreement as proposed to be varied was subject to any form of duress in relation to the variation.

(4) The application must be accompanied by any other declaration required by the procedural rules.

Related sections

• s 536MQ — Negotiating entity may request that other negotiating entity sign a proposed collective agreement
• s 536MR — Application to the FWC to register a collective agreement
• s 536MS — FWC must register collective agreement
• s 536MU — FWC must vary collective agreement
• s 536MV — FWC must be notified of termination
• s 536MW — FWC must register termination notice

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