Document ID: chunk:federal_register_of_legislation:C2025C00150:section:201:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 201 (pt 1/2)
Character Range: 584905–587728

201  Approval decision to note certain matters

Approval decision to note model terms included in an enterprise agreement
 (1) If:
 (a) the FWC approves an enterprise agreement; and
 (b) either or both of the following apply:
 (i) the model flexibility term is taken, under subsection 202(4), to be a term of the agreement;
 (ii) the model consultation term is taken, under subsection 205(2), to be a term of the agreement;
the FWC must note in its decision to approve the agreement that those terms are so included in the agreement.

Approval decision to note modern award delegates' rights term included in an enterprise agreement
 (1A) If:
 (a) the FWC approves an enterprise agreement; and
 (b) a delegates' rights term in a modern award is taken to be a term of the enterprise agreement because of subsection 205A(2):
the FWC must note in its decision to approve the agreement that the term is so included in the agreement.

Approval decision to note that an enterprise agreement covers an employee organisation
 (2) If:
 (a) an employee organisation has given a notice under subsection 183(1) that the organisation wants the enterprise agreement to cover it; and
 (b) the FWC approves the agreement;
the FWC must note in its decision to approve the agreement that the agreement covers the organisation.
 (2A) If:
 (a) an agreement is made under subsection 182(4) (which deals with a single‑enterprise agreement that is a greenfields agreement); and
 (b) the FWC approves the agreement;
the FWC must note in its decision to approve the agreement that the agreement covers each employee organisation that was a bargaining representative for the agreement.

Approval decision to note undertakings
 (3) If the FWC approves an enterprise agreement after accepting an undertaking under subsection 190(3) in relation to the agreement, the FWC must note in its decision to approve the agreement that the undertaking is taken to be a term of the agreement.

Approval decision to note amendments
 (4) If the FWC specifies an amendment in approving an enterprise agreement under subsection 191A(2), the FWC must note the amendment in its decision to approve the agreement.

Approval decision to note that enterprise agreement to be new host employment instrument for regulated labour hire arrangement order
 (5) If:
 (a) the FWC approves an enterprise agreement; and
 (b) the enterprise agreement will become the host employment instrument covered by a regulated labour hire arrangement order because of section 306EB;
the FWC must note in its decision to approve the agreement that the agreement will be the host employment instrument covered by the order.
Note: Certain notification requirements also apply if the enterprise agreement will be the host employment instrument covered by a regulated labour hire arrangement order