Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:33
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 33
Character Range: 41925–43600

33  Application for approval of an enterprise agreement—greenfields agreement made under subsection 182(3) of the Act
 (1) This rule applies if an application is made under section 185 of the Act for approval of an enterprise agreement that is a greenfields agreement made under subsection 182(3) of the Act.
Note 1: The application must be accompanied by a signed copy of the agreement: see paragraph 185(2)(a) of the Act and regulation 2.06A of the Fair Work Regulations 2009.
Note 2: The application must be in the approved form: see rule 9.

Applicant
 (2) If the applicant is a bargaining representative appointed by an employer, the application must be accompanied by a copy of the written instrument of appointment of the bargaining representative.

Employers covered by the agreement
 (3) Each employer that is covered by the agreement must lodge a declaration by the employer, in support of the application for approval, with the FWC within 14 days after the day on which the agreement is made.
Note: The declaration must be in the approved form: see rule 9.

Relevant employee organisations covered by the agreement
 (4) Each relevant employee organisation that is covered by the agreement must lodge a declaration by the organisation, with the FWC within 14 days after the day on which the agreement is made, in relation to:
 (a) whether the organisation disagrees with one or more statements in an employer's declaration; and
 (b) whether the organisation is of the view that the agreement passes the better off overall test; and
 (c) how approval of the agreement would be in the public interest.
Note: The declaration must be in the approved form: see rule 9.