Section 246 — Fair Work Act 2009: FWC’s assistance

Application of this section (1) This section applies if a supported bargaining authorisation is in operation in relation to a proposed multi-enterprise agreement. FWC’s assistance (2) The FWC may, on its own initiative, provide to the bargaining representatives for the agreement such assistance: (a) that the FWC considers appropriate to facilitate bargaining for the agreement; and (b) that the FWC could provide if it were dealing with a dispute. Note: This section does not empower the FWC to arbitrate, because subsection 595(3) provides that the FWC may arbitrate only if expressly authorised to do so. FWC may direct a person to attend a conference (3) Without limiting subsection (2), the FWC may provide assistance by directing a person who is not an employer specified in the authorisation to attend a conference at a specified time and place if the FWC is satisfied that the person exercises such a degree of control over the terms and conditions of the employees who will be covered by the agreement that the participation of the person in bargaining is necessary for the agreement to be made. (4) Subsection (3) does not limit the FWC’s powers under Subdivision B of Division 3 of Part 5-1.