Section 240A — Fair Work Act 2009: Application to FWC for voting request order

Proposed multi-enterprise agreement (1) After the notification time for a proposed multi-enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an order (a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the enterprise agreement by voting for it if: (a) each bargaining representative for the enterprise agreement that is an employee organisation has been asked to provide the employer with written agreement to the making of the request; and (b) one or more of the employee organisations has failed to provide the written agreement. Variation of multi-enterprise agreement (2) A person referred to in subsection (3) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 208(1) that employees approve a variation of a multi-enterprise agreement by voting for it if: (a) each employee organisation covered by the enterprise agreement has been asked to provide the employer with written agreement to the making of the request; and (b) one or more of the employee organisations has failed to provide the written agreement. (3) The persons are the following: (a) an employer covered by the enterprise agreement; (b) an employee organisation covered by the enterprise agreement; (c) an affected employee for the variation. Certain proposed single-enterprise agreements (4) A bargaining representative for a proposed single-enterprise agreement (the new agreement) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the new agreement by voting for it if all of the following apply: (a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to one or more employees who will be covered by the new agreement; (b) the old agreement has not passed its nominal expiry date; (c) when the new agreement comes into operation, the old agreement will cease to apply to the employees; (d) it is after the notification time for the new agreement; (e) each employee organisation to which the old agreement applies has been asked to provide the employer with written agreement to the making of the request; (f) one or more of the employee organisations has failed to provide the written agreement.