Section 243A — Fair Work Act 2009: Restrictions on making supported bargaining authorisations

Relationship between this section and section 243 (1A) Section 243 has effect subject to this section. Employees covered by single-enterprise agreement that has not passed nominal expiry date (1) The FWC must not make a supported bargaining authorisation specifying an employee who is covered by a single-enterprise agreement that has not passed its nominal expiry date. (2) A supported bargaining authorisation has no effect to the extent that it specifies an employee who is covered by a single-enterprise agreement that has not passed its nominal expiry date. (3) However, subsections (1) and (2) do not apply if the FWC is satisfied that the employer’s main intention in making the agreement with the employees covered by it was to avoid being specified in a supported bargaining authorisation. General building and construction work (4) The FWC must not make a supported bargaining authorisation in relation to a proposed enterprise agreement if the agreement would cover employees in relation to general building and construction work.