Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 216E

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 covered by the agreement:

  (a)   an employer that is covered by the agreement;

  (b)   the employees employed at the time who will cease to be covered by the agreement if the variation is approved by the FWC (the affected employees ).

  (2)   This subsection covers a multi - enterprise agreement made after the commencement of this subsection if the agreement is not a greenfields agreement and there are 2 or more employers covered by the agreement.

Variation has no effect unless approved by the FWC

  (3)   The variation has no effect unless it is approved by the FWC under section   216EB.

Approval by employee vote

  (4)   The employer may request the affected employees to approve the proposed variation by voting for it.

  (5)   Before making the request, the employer must:

  (a)   take all reasonable steps to notify the employees of the following:

  (i)   the time and place at which the vote will occur;

  (ii)   the voting method that will be used; and

  (b)   give the employees a reasonable opportunity to decide whether they want to approve the proposed variation.

  (6)   Without limiting subsection   (4), the employer may request that the affected employees vote by ballot or by an electronic method.

When a variation is made

  (7)   The variation is made when a majority of the affected employees who cast a valid vote approve the variation.