Document ID: chunk:federal_register_of_legislation:C2025C00150:section:188:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 188 (pt 2/2)
Character Range: 556196–557697

FWC is satisfied that the employer complied with subsection 180(5) in relation to the agreement.

Minor errors may be disregarded
 (5) In determining whether it is satisfied that an enterprise agreement has been genuinely agreed to by the employees covered by the agreement (including determining whether it is satisfied that an employer complied with the provisions mentioned in subsection (2A) or (4) or (4A)), the FWC may disregard minor procedural or technical errors made in relation to the following requirements if it is satisfied that the employees were not likely to have been disadvantaged by the errors:
 (a) section 173 or 174 (which deal with notices of employee representational rights for certain agreements);
 (aa) subsection 180(5) (which requires employers to explain the terms of agreements);
 (ab) section 180A or 180B (which deal with agreement of certain bargaining representatives);
 (b) subsection 181(2) (which requires that employees not be requested to approve certain enterprise agreements until 21 days after the last notice of employee representational rights is given);
 (c) subsection 182(1) or (2) (which deal with the making of different kinds of enterprise agreements by employee vote).

Regulations
 (6) The FWC cannot be satisfied that an enterprise agreement has been genuinely agreed to by the employees covered by the agreement unless the FWC is satisfied that the requirements (if any) prescribed by the regulations for the purposes of this subsection are met.