Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 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 organisation that has failed to provide written agreement to the making of the request, the failure was unreasonable in the circumstances; and

  (b)   if the request relates to approval of a proposed enterprise agreement--the making of the request by the employer would not be inconsistent with or undermine good faith bargaining for the enterprise agreement.



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