Section 216AE — Fair Work Act 2009: When the FWC may refuse to approve a variation of a supported bargaining agreement to add employer and employees

(1) If an application for the approval of a variation of a supported bargaining agreement is made under section 216AA, the FWC may refuse to approve the variation if the FWC considers that compliance with the terms of the agreement as proposed to be varied may result in: (a) a person committing an offence against a law of the Commonwealth; or (b) a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth. (2) Subsection (1) has effect despite section 216AB (which deals with the approval of variations of supported bargaining agreements). (3) If the FWC refuses to approve a variation of a supported bargaining agreement under this section, the FWC may refer the agreement as proposed to be varied to any person or body the FWC considers appropriate.