Section 255 — Fair Work Act 2009: Part does not empower the FWC to make certain orders

(1) This Part does not empower the FWC to make an order that requires, or has the effect of requiring: (a) particular content to be included or not included in a proposed enterprise agreement; or (b) an employer to request under subsection 181(1) that employees approve a proposed enterprise agreement; or (c) an employee to approve, or not approve, a proposed enterprise agreement; or (d) an employer to give a notice under section 178B; or (e) an employer to specify a particular day in a notice under section 178B; or (f) an employer to agree to the giving of a notice under section 178B. (2) Despite paragraph (1)(a), the FWC may make an order that particular content be included or not included in a proposed enterprise agreement if the order is made in the course of arbitration undertaken when dealing with a dispute under section 240. Note: The FWC may only arbitrate a dispute under section 240 if arbitration has been agreed to by the bargaining representatives for the agreement (see subsection 240(4)).