Fair Work Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 216CC — Determining whether a variation of a cooperative workplace agreement to add employer and employees has been genuinely agreed to by affected employees
(1) For the purposes of paragraph 216CB(1)(c), the FWC is to determine whether it is satisfied that the variation has been genuinely agreed to by the affected employees in accordance with section…
Section 216DC — When the FWC must approve a variation of a single interest employer agreement to add employer and employees
Approval of variation by the FWC (1) The FWC must approve a variation of a single interest employer agreement if: (a) an application for approval of the variation has been made under section 216DA or…
Section 216EC — When variation comes into operation
If a variation of a multi-enterprise agreement is approved under section 216EB, the variation operates from the day specified in the decision to approve the variation.
Section 216AD — Determining whether a variation of a supported bargaining agreement to add employer and employees has been genuinely agreed to by affected employees
(1) For the purposes of paragraph 216AB(1)(c), the FWC is to determine whether it is satisfied that the variation has been genuinely agreed to by the affected employees in accordance with section…
Section 216CD — When the FWC may refuse to approve a variation of a cooperative workplace agreement
(1) If an application for the approval of a variation of a cooperative workplace agreement is made under section 216CA, the FWC may refuse to approve the variation if the FWC considers that…
Section 216D — Variation of single interest employer agreement to add employer and employees—joint variation
Variation by employers and employees (1) The following may jointly make a variation of a single interest employer agreement that will have the effect that they will be covered by the agreement: (a)…
Section 216DD — Determining whether a variation of a single interest employer agreement to add employer and employees has been genuinely agreed to by affected employees
(1) For the purposes of subparagraph 216DC(1)(b)(ii), the FWC is to determine whether it is satisfied that the variation has been genuinely agreed to by the affected employees in accordance with…
Section 216ED — Effect of variation
A multi-enterprise agreement that is varied under this Subdivision remains a multi-enterprise agreement, despite the variation.
Section 216AE — When the FWC may refuse to approve a variation of a supported bargaining agreement to add employer and employees
(1) If an application for the approval of a variation of a supported bargaining agreement is made under section 216AA, the FWC may refuse to approve the variation if the FWC considers that compliance…
Section 216CE — When variation comes into operation
If a variation of a cooperative workplace agreement is approved under section 216CB, the variation operates from the day specified in the decision to approve the variation.
Section 216DE — When the FWC may refuse to approve a variation of a single interest employer agreement
(1) If an application for the approval of a variation of a single interest employer agreement is made under section 216DA or 216DB, the FWC may refuse to approve the variation if the FWC considers…
Section 216E — Variation of multi-enterprise agreement to remove employer and employees with consent
Variation by employers and employees (1) The following may jointly make a variation of a multi-enterprise agreement covered by subsection (2), that will have the effect that they will cease to be…
Section 216AF — When variation comes into operation
If a variation of a supported bargaining agreement is approved under section 216AB, the variation operates from the day specified in the decision to approve the variation.
Section 216DF — When variation comes into operation
If a variation of a single interest employer agreement is approved under section 216DC, the variation operates from the day specified in the decision to approve the variation.
Section 217 — Variation of an enterprise agreement to remove an ambiguity or uncertainty
(1) The FWC may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following: (a) one or more of the employers covered by the agreement; (b) an employee…
Section 217A — FWC may deal with certain disputes about variations
(1) This section applies if a variation of an enterprise agreement is proposed. (2) An employer or employee organisation covered by the enterprise agreement or an affected employee for the variation…
Section 218 — Variation of an enterprise agreement on referral by Australian Human Rights Commission
Review of an enterprise agreement (1) The FWC must review an enterprise agreement if the agreement is referred to it under section 46PW of the Australian Human Rights Commission Act 1986 (which deals…
Section 218A — Variation of enterprise agreements to correct or amend errors, defects or irregularities
(1) The FWC may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form). (2) The FWC may vary an enterprise agreement under subsection…
Section 219 — Employers and employees may agree to terminate an enterprise agreement
Termination by employers and employees (1) The following may jointly agree to terminate an enterprise agreement: (a) if the agreement covers a single employer—the employer and the employees covered…
Section 220 — Employers may request employees to approve a proposed termination of an enterprise agreement
(1) An employer covered by an enterprise agreement may request the employees covered by the agreement to approve a proposed termination of the agreement by voting for it. (2) Before making the…
Section 221 — When termination of an enterprise agreement is agreed to
Single-enterprise agreement (1) If the employees of an employer, or each employer, covered by a single-enterprise agreement have been asked to approve a proposed termination of the agreement under…
Section 222 — Application for the FWC’s approval of a termination of an enterprise agreement
Application for approval (1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination. Material to…
Section 223 — When the FWC must approve a termination of an enterprise agreement
If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if: (a) the FWC is satisfied that each employer covered…
Section 224 — When termination comes into operation
If a termination of an enterprise agreement is approved under section 223, the termination operates from the day specified in the decision to approve the termination.
Section 225 — Application for termination of an enterprise agreement after its nominal expiry date
If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement: (a) one or more of the employers covered by the…
Section 226 — Terminating an enterprise agreement after its nominal expiry date
(1) If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if: (a) the FWC is satisfied that the continued operation of the…
Section 226A — Guarantee of termination entitlements
Guarantee of termination entitlements (1) A guarantee of termination entitlements is an undertaking given by an employer covered by an enterprise agreement that: (a) is an undertaking that the…
Section 227 — When termination comes into operation
If an enterprise agreement is terminated under section 226, the termination operates from the day specified in the decision to terminate the agreement.
Section 227A — Application for FWC to reconsider whether an enterprise agreement passes the better off overall test
(1) If the condition in subsection (2) is satisfied, any of the following may apply to the FWC for a reconsideration of whether an enterprise agreement passes the better off overall test: (a) one or…
Section 227B — Reconsideration of whether an enterprise agreement passes the better off overall test
(1) If an application is made under subsection 227A(1), the FWC must reconsider whether the agreement passes the better off overall test under section 193. (2) For the purposes of the…
Section 227C — Effect of undertakings
(1) If: (a) the FWC accepts an undertaking under paragraph 227B(3)(a) in relation to an enterprise agreement; and (b) the agreement covers a single employer; the undertaking is taken to be a term of…
Section 227D — Effect of amendment
(1) If: (a) the FWC makes an amendment under paragraph 227B(3)(b) in relation to an enterprise agreement; and (b) the agreement covers a single employer; the agreement is taken to be amended by the…
Section 227E — No creation of liability to pay pecuniary penalty for past conduct
Application of this section (1) This section applies if an amendment of an enterprise agreement made under paragraph 227B(3)(b) has a retrospective effect because it comes into operation on a day…
Section 228 — Bargaining representatives must meet the good faith bargaining requirements
(1) The following are the good faith bargaining requirements that a bargaining representative for a proposed enterprise agreement must meet: (a) attending, and participating in, meetings at…
Section 229 — Applications for bargaining orders
Persons who may apply for a bargaining order (1) A bargaining representative for a proposed enterprise agreement may apply to the FWC for an order (a bargaining order) under section 230 in relation…
Section 230 — When the FWC may make a bargaining order
Bargaining orders (1) The FWC may make a bargaining order under this section in relation to a proposed enterprise agreement if: (a) an application for the order has been made; and (b) the…
Section 231 — What a bargaining order must specify
(1) A bargaining order in relation to a proposed enterprise agreement must specify all or any of the following: (a) the actions to be taken by, and requirements imposed upon, the bargaining…
Section 232 — Operation of a bargaining order
A bargaining order in relation to a proposed enterprise agreement: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation at the earliest of the following: (i) if…
Section 233 — Contravening a bargaining order
A person to whom a bargaining order applies must not contravene a term of the order. Note: This section is a civil remedy provision (see Part 4-1).
Section 234 — Applications for intractable bargaining declarations
(1) A bargaining representative for a proposed enterprise agreement, other than a greenfields agreement, may apply to the FWC for a declaration (an intractable bargaining declaration) under section…
Section 235 — When the FWC may make an intractable bargaining declaration
Intractable bargaining declaration (1) The FWC may make an intractable bargaining declaration in relation to a proposed enterprise agreement if: (a) an application for the declaration has been made;…
Section 235A — Post-declaration negotiating period
(1) The FWC may, if it considers it appropriate to do so, specify in the declaration a period (the post-declaration negotiating period) that: (a) starts on the day the declaration is made; and (b)…
Section 236 — Majority support determinations
(1) A bargaining representative of an employee who will be covered by a proposed single-enterprise agreement may apply to the FWC for a determination (a majority support determination) that a…
Section 237 — When the FWC must make a majority support determination
Majority support determination (1) The FWC must make a majority support determination in relation to a proposed single-enterprise agreement if: (a) an application for the determination has been made;…
Section 238 — Scope orders
Bargaining representatives may apply for scope orders (1) A bargaining representative for a proposed single-enterprise agreement (other than a greenfields agreement) may apply to the FWC for an order…
Section 239 — Operation of a scope order
A scope order in relation to a proposed single-enterprise agreement: (a) comes into operation on the day on which it is made; and (b) ceases to be in operation at the earliest of the following: (i)…
Section 240 — Application for the FWC to deal with a bargaining dispute
Bargaining representative may apply for the FWC to deal with a dispute (1) A bargaining representative for a proposed enterprise agreement may apply to the FWC for the FWC to deal with a dispute…
Section 240A — Application to FWC for voting request order
Proposed multi-enterprise agreement (1) After the notification time for a proposed multi-enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an…
Section 240B — 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…
Section 241 — Objects of this Division
The objects of this Division are: (a) to assist and encourage employees and their employers who require support to bargain, and to make an enterprise agreement that meets their needs; and (c) to…