Document ID: chunk:federal_register_of_legislation:C2025C00150:section:249:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 249 (pt 2/3)
Character Range: 712093–714836

relation to the employees that will be covered by the agreement; and
 (d) a majority of the employees who are employed by the employer at a time determined by the FWC and who will be covered by the agreement want to bargain for the agreement; and
 (e) subsection (1D) does not apply to the employer.
 (1C) For the purposes of paragraph (1B)(d), the FWC may work out whether a majority of employees want to bargain using any method the FWC considers appropriate.
 (1D) This subsection applies to an employer if:
 (a) the employer and the employees of the employer that will be covered by the agreement are covered by an enterprise agreement that has not passed its nominal expiry date at the time that the FWC will make the authorisation; or
 (b) the employer and an employee organisation that is entitled to represent the industrial interests of one or more of the employees of the employer that will be covered by the agreement have agreed in writing to bargain for a proposed single‑enterprise agreement that would cover the employer and those employees or substantially the same group of those employees.

Franchisees
 (2) The requirements of this subsection are met if the employers carry on similar business activities under the same franchise and are:
 (a) franchisees of the same franchisor; or
 (b) related bodies corporate of the same franchisor; or
 (c) any combination of the above.

Common interest employers
 (3) The requirements of this subsection are met if:
 (a) the employers have clearly identifiable common interests; and
 (b) it is not contrary to the public interest to make the authorisation.
 (3A) For the purposes of paragraph (3)(a), matters that may be relevant to determining whether the employers have a common interest include the following:
 (a) geographical location;
 (b) regulatory regime;
 (c) the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises.
 (3AB) If:
 (a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and
 (b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the requirements of subsection (3) are met in relation to that employer, unless the contrary is proved.

Calculating number of employees
 (3AC) For the purposes of calculating the number of employees referred to in paragraph (1AA)(b), (1B)(a) or (3AB)(b):
 (a) employee has its ordinary meaning; and
 (b) subject to paragraph (c), all employees employed by the employer at the time that the application for the authorisation was made are to be counted; and
 (c) a casual employee is not to be counted unless, at