Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:34
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 34
Character Range: 43600–45570

34  Application for approval of an enterprise agreement—greenfields agreement made under subsection 182(4) of the Act
 (1) This rule applies if an application is made under subsection 182(4) of the Act for approval of a greenfields agreement.
Note: Subsection 182(4) of the Act provides that single‑enterprise greenfields agreements may be taken to have been made on application for approval in certain circumstances even if not signed by each employer and relevant employee organisation.

Applicant
 (2) The application must be accompanied by:
 (a) a declaration in support of the application for approval by each employer that is a bargaining representative for the agreement; and
 (b) a copy of each notice given under section 178B of the Act to an employee organisation by an employer that is a bargaining representative for the agreement.
Note 1: This subrule is made for the purposes of paragraph 185A(b) of the Act. The application must also be accompanied by a copy of the agreement: see paragraph 185A(a) of the Act.
Note 2: The application and the declarations must be in the approved form: see rule 9.
Note 3: An employer that is a bargaining representative for the agreement must give a notice under section 178B of the Act to each employee organisation that is a bargaining representative for the agreement. The notice provides for a stated 6 month period to be the notified negotiating period for the agreement.

Employee organisations that are bargaining representatives
 (3) Each employee organisation that is a bargaining representative for the agreement and wants to advise the FWC:
 (a) that the organisation disagrees with one or more statements in an employer's declaration; or
 (b) of the organisation's views on whether the agreement passes the better off overall test;
must lodge a declaration by the organisation to that effect with the FWC before the FWC approves the agreement.
Note: The declaration must be in the approved form: see rule 9.