Document ID: chunk:federal_register_of_legislation:C2025C00150:section:189
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 189
Character Range: 559335–560668

189  FWC may approve an enterprise agreement that does not pass better off overall test—public interest test

Application of this section
 (1) This section applies if:
 (a) the FWC is not required to approve an enterprise agreement under section 186; and
 (b) the only reason for this is that the FWC is not satisfied that the agreement passes the better off overall test.

Approval of agreement if not contrary to the public interest
 (2) The FWC may approve the agreement under this section if the FWC is satisfied that, because of exceptional circumstances, the approval of the agreement would not be contrary to the public interest.
Note: The FWC may approve an enterprise agreement under this section with undertakings (see section 190).
 (3) An example of a case in which the FWC may be satisfied of the matter referred to in subsection (2) is where the agreement is part of a reasonable strategy to deal with a short‑term crisis in, and to assist in the revival of, the enterprise of an employer covered by the agreement.

Nominal expiry date
 (4) The nominal expiry date of an enterprise agreement approved by the FWC under this section is the earlier of the following:
 (a) the date specified in the agreement as the nominal expiry date of the agreement;
 (b) 2 years after the day on which the FWC approved the agreement.