Document ID: chunk:federal_register_of_legislation:C2025C00150:section:216dc:p3
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 216DC (pt 3/3)
Character Range: 643509–644682

that will cover the employer and the affected employees, or substantially the same group of the affected employees; and
 (b) the employer and the affected employees have a history of effectively bargaining in relation to one or more enterprise agreements that have covered the employer and the affected employees, or substantially the same group of the affected employees; and
 (c) on the day that the FWC will approve the variation, less than 9 months have passed since the most recent nominal expiry date of an agreement referred to in paragraph (b).

General building and construction work
 (4) Despite subsection (1), the FWC must not approve the variation if:
 (a) the agreement is a greenfields agreement that covers employees in relation to general building and construction work; or
 (b) as a result of the variation, the agreement would cover employees in relation to general building and construction work.

Supported bargaining authorisation
 (5) Despite subsection (1), the FWC must not approve the variation if the employer that will be covered by the agreement is specified in a supported bargaining authorisation in relation to any of the affected employees.