Document ID: chunk:federal_register_of_legislation:C2025C00150:section:251:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 251 (pt 1/4)
Character Range: 717657–720460

251  Variation of single interest employer authorisations

Variation to remove employer
 (1) The following may apply to the FWC for a variation of a single interest employer authorisation to remove an employer's name from the authorisation:
 (a) the employer;
 (b) a bargaining representative of an employee who will be covered by the proposed enterprise agreement to which the authorisation relates.
 (2) The FWC must vary the authorisation to remove the employer's name if:
 (a) an application has been made under subsection (1); and
 (b) the requirements of either subsection (2A) or (2B) are met.
 (2A) The requirements of this subsection are met if the FWC is satisfied that:
 (a) the employers specified in the authorisation and the bargaining representatives of the employees of those employers have had an opportunity to express to the FWC their views (if any) on the application; and
 (b) because of a change in the employer's circumstances, it is no longer appropriate for the employer to be specified in the authorisation.
 (2B) The requirements of this subsection are met if:
 (a) the application was made by a bargaining representative of an employee who will be covered by the proposed enterprise agreement to which the authorisation relates; and
 (b) the FWC is satisfied that:
 (i) the employer (the relevant employer) whose name is proposed to be removed employed fewer than 50 employees at the time that the application was made; and
 (ii) the employers specified in the authorisation and the bargaining representatives of the employees of those employers have had the opportunity to express to the FWC their views (if any) on the application; and
 (iii) the employees (the relevant employees) who are employed by the relevant employer and that would be covered by the proposed enterprise agreement to which the authorisation relates have, on request by the bargaining representative, approved the removal of the relevant employer's name by voting for the removal; and
 (iv) there are no reasonable grounds for believing that the removal of the relevant employer's name has not been genuinely approved by the relevant employees.
Note: A person must not coerce another person to exercise a workplace right in a particular way (see section 343).
 (2C) Without limiting subparagraph (2B)(b)(iii), the bargaining representative may request that the relevant employees vote by ballot or by an electronic method.
 (2D) For the purposes of subparagraph (2B)(b)(iii), the relevant employees are taken to have approved the removal of the employer's name if:
 (a) at least 50% of the relevant employees cast a vote; and
 (b) more than 50% of the valid votes were votes approving the removal.

Variation to add employer
 (3) The following may apply to the FWC for a variation of a single interest