Document ID: chunk:federal_register_of_legislation:C2025C00150:section:193a:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 193A (pt 2/2)
Character Range: 571262–572464

enterprises to which the agreement relates.
 (6A) The FWC must determine whether a particular pattern or kind of work, or type of employment, is reasonably foreseeable for the purposes of subsection (6) if a view is expressed by any of the following that it is, or is not, reasonably foreseeable:
 (a) the employer or employers that are covered by the agreement;
 (b) if the agreement is not a greenfields agreement:
 (i) the award covered employees for the agreement; and
 (ii) if the agreement is a single‑enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees;
 (c) in any case—a bargaining representative for the agreement.
 (7) If a class of employees to which a particular employee belongs would be better off if the agreement applied to that class than if the relevant modern award, supported bargaining agreement or single interest employer agreement (as the case requires) applied to that class, the FWC is entitled to assume, in the absence of evidence to the contrary, that the employee would be better off overall if the agreement applied to the employee.

Subdivision D—Unlawful terms