Section 216EB — Fair Work Act 2009: When the FWC must approve variation of multi-enterprise agreement to remove employer and employees

If an application for the approval of a variation of a multi-enterprise agreement is made under section 216EA, the FWC must approve the variation if the FWC is satisfied that: (a) the employer mentioned in paragraph 216E(1)(a) complied with subsection 216E(5) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the variation; and (b) the affected employees have voted, by ballot or by an electronic method, on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation; and (c) there are no other reasonable grounds for believing that a majority of the affected employees who cast a valid vote did not approve the variation; and (d) each employee organisation covered by the agreement, that is entitled to represent the industrial interests of one or more affected employees, agrees to the variation.