Section 240B — Fair Work Act 2009: FWC must make voting request order

The FWC must, on application under subsection 240A(1), (2) or (4), make a voting request order permitting an employer to make a request if the FWC is satisfied that: (a) for each employee organisation that has failed to provide written agreement to the making of the request, the failure was unreasonable in the circumstances; and (b) if the request relates to approval of a proposed enterprise agreement—the making of the request by the employer would not be inconsistent with or undermine good faith bargaining for the enterprise agreement.