Section 212 — Fair Work Act 2009: FWC may approve a variation of an enterprise agreement with undertakings

Application of this section (1) This section applies if: (a) an application for the approval of a variation of an enterprise agreement has been made under section 210; and (b) the FWC has a concern that the variation does not meet the requirements set out in section 211. Approval of agreement with undertakings (2) The FWC may approve the variation under section 211 if the FWC is satisfied that an undertaking accepted by the FWC under subsection (3) of this section meets the concern. Undertakings (3) The FWC may only accept a written undertaking from one or more employers covered by the agreement if the FWC is satisfied that the effect of accepting the undertaking is not likely to: (a) cause financial detriment to any affected employee for the variation; or (b) result in substantial changes to the variation. Signature requirements (4) An undertaking must meet any requirements relating to the signing of undertakings that are prescribed by the regulations.