Section 213A — Fair Work Act 2009: FWC may approve variation with amendments

(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 because the requirement set out in paragraph 186(2)(d) (better off overall test), as it has effect because of subsection 211(4), is not met. (2) The FWC may approve the variation under section 211 if the FWC is satisfied that an amendment to the variation specified by the FWC is necessary to address the concern. (3) If the FWC intends to specify an amendment under subsection (2), the FWC must seek the views of the following: (a) one or more of the employers covered by the agreement; (b) an employee organisation covered by the agreement.