Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_634a
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 634A
Character Range: 334432–335985

634A  Subsection 249(3)
Repeal the subsection, substitute:

Common interest employers
 (3) The requirements of this subsection are met if:
 (a) the employers have clearly identifiable common interests; and
 (b) it is not contrary to the public interest to make the authorisation.
 (3A) For the purposes of paragraph (3)(a), matters that may be relevant to determining whether the employers have a common interest include the following:
 (a) geographical location;
 (b) regulatory regime;
 (c) the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises.
 (3AB) If:
 (a) the application for the authorisation was made by a bargaining representative under paragraph 248(1)(b); and
 (b) an employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed that the requirements of subsection (3) are met in relation to that employer, unless the contrary is proved.

Calculating number of employees
 (3AC) For the purposes of calculating the number of employees referred to in paragraph (1AA)(b), (1B)(a) or (3AB)(b):
 (a) employee has its ordinary meaning; and
 (b) subject to paragraph (c), all employees employed by the employer at the time that the application for the authorisation was made are to be counted; and
 (c) a casual employee is not to be counted unless, at that time, the employee is a regular casual employee of the employer; and
 (d) associated entities of the employer are taken to be one entity.