Section 216A — Fair Work Act 2009: Variation of supported bargaining agreement to add employer and employees

(1) A variation of a supported bargaining agreement, that has the effect that an employer that was not covered by the agreement will be covered by it, may be made jointly by the employer and the affected employees. Note: Once the employer is covered by the agreement, any of their employees who the agreement is expressed to cover will also be covered by it. See also the definition of affected employees in section 12. (2) The employer may request the affected employees to approve the proposed variation by voting for it. (3) Without limiting subsection (2), the employer may request that the affected employees vote by ballot or by an electronic method. (4) The variation is made when a majority of the affected employees who cast a valid vote approve the variation. (5) The variation has no effect unless it is approved by the FWC under section 216AB.