Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:37
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 37
Character Range: 47034–49395

37  Application under section 210 of the Act for approval of a variation of an enterprise agreement
 (1) This rule applies if an application is made under section 210 of the Act for approval of a variation of an enterprise agreement.
Note 1: The application must be in the approved form: see rule 9.
Note 2: The application must be accompanied by a signed copy of the variation and a copy of the agreement as proposed to be varied: see subsection 210(2) of the Act and regulation 2.09A of the Fair Work Regulations 2009.

Employers covered by the agreement
 (2) Each employer that is covered by the agreement must lodge a declaration by the employer, in support of the application for approval of the variation, with the FWC within 14 days after the day on which the variation is made.
Note: The declaration must be in the approved form: see rule 9.
 (3) The declaration must be accompanied by copies of any documents:
 (a) provided to the affected employees to inform them that the employer is bargaining for a variation of the agreement and of the coverage of the agreement as proposed to be varied; or
 (b) provided to those employees to inform them of their capacity to be represented in bargaining for the variation and how to exercise that capacity; or
 (c) used to explain to those employees the terms of the variation and the effect of those terms; or
 (d) used to give that explanation to those employees in an appropriate manner taking into account their particular circumstances and needs; or
 (e) provided to those employees to inform them of the time, place and method for the vote.
Note: For the definition of document, see the Acts Interpretation Act 1901 (as applying to these Rules under section 40A of the Act).

Employee organisations covered by the agreement
 (4) Each employee organisation that is covered by the agreement and wants to advise the FWC:
 (a) that the organisation supports or opposes approval of the variation of the agreement; or
 (b) that the organisation disagrees with one or more statements in an employer's declaration; or
 (c) of the organisation's views on whether the agreement as proposed to be varied passes the better off overall test;
must lodge a declaration by the organisation to that effect with the FWC before the FWC approves the variation.
Note: The declaration must be in the approved form: see rule 9.