Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_614
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 614
Character Range: 312293–313397

614  Subsection 244(4)
Repeal the subsection, substitute:
 (4) If an application is made under subsection (3), the FWC must vary the authorisation to add the employer's name if the FWC is satisfied that it is in the public interest to do so, taking into account:
 (a) if the employer's employees are in an industry, occupation or sector declared by the Minister under subsection 243(2B)—the declaration; and
 (b) if paragraph (a) of this subsection does not apply—the matters set out in paragraph 243(1)(b); and
 (c) any other matters the FWC considers appropriate.

 (4A) Despite subsection (4), the FWC must not vary the authorisation if subsection 243A(1) (employees covered by single‑enterprise agreement that has not passed nominal expiry date) would prevent the FWC from making a supported bargaining authorisation specifying the employees.

 (5) Despite subsection (4), the FWC must not vary the authorisation if, as a result of the variation, the proposed multi‑enterprise agreement to which the authorisation relates would cover employees in relation to general building and construction work.