Section 602B — Fair Work Act 2009: Validation of approval of variation of enterprise agreement

(1) If: (a) after a variation of an enterprise agreement was made: (i) an application for the approval of a draft of the variation was erroneously made to the FWC; and (ii) the FWC approved the draft of the variation; and (b) the FWC is satisfied that, assuming that the application had been an application for the approval of the variation that was made, the FWC would have approved the variation that was made; the FWC may determine in writing that the approval is as valid and effective, and is taken to have been as valid and effective, as it would have been if: (c) the application had been an application for the approval of the variation that was made instead of an application for the approval of the draft of the variation; and (d) the requirements set out in subsection 210(2) had been met in relation to the application; and (e) the approval had been an approval of the variation that was made instead of an approval of the draft of the variation. (2) The FWC may make a determination under subsection (1): (a) on its own initiative; or (b) on application.