Document ID: chunk:federal_register_of_legislation:C2025C00150:section:172:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 172 (pt 2/2)
Character Range: 511613–514081

by the agreement.
Note 1: The expression genuine new enterprise includes a genuine new business, activity, project or undertaking (see the definition of enterprise in section 12).
Note 2: The FWC must not approve a multi‑enterprise agreement that is not a greenfields agreement if the agreement would cover employees in relation to general building and construction work (see subsection 186(2B)).
 (3A) Two or more employers that are all related employers under paragraph (5A)(c) (whether or not those employers are also related employers under another paragraph of subsection (5A)) may make a multi‑enterprise agreement under subsection (3).

Greenfields agreements
 (4) A single‑enterprise agreement made as referred to in paragraph (2)(b), or a multi‑enterprise agreement made as referred to in paragraph (3)(b), is a greenfields agreement.

Requirement for employer specified in single interest employer authorisation
 (5) Despite any other provision of this Part, if an employer is specified in a single interest employer authorisation that is in operation:
 (a) the only kind of enterprise agreement the employer may make with their employees who are specified in the authorisation is a single interest employer agreement; and
 (b) the employer must not initiate bargaining, agree to bargain, or be required to bargain with those employees for any other kind of enterprise agreement.

Related employers
 (5A) Two or more employers are related employers if:
 (a) the employers are engaged in a joint venture or common enterprise; or
 (b) the employers are related bodies corporate; or
 (c) the employers carry on similar business activities under the same franchise and are:
 (i) franchisees of the same franchisor; or
 (ii) related bodies corporate of the same franchisor; or
 (iii) any combination of the above.

Requirement that there be at least 2 employees
 (6) An enterprise agreement cannot be made with a single employee.

Requirement for employer specified in supported bargaining authorisation
 (7) Despite any other provision of this Part, if an employer is specified in a supported bargaining authorisation that is in operation:
 (a) the only kind of enterprise agreement the employer may make with their employees who are specified in the authorisation is a supported bargaining agreement; and
 (b) the employer must not initiate bargaining, agree to bargain, or be required to bargain with those employees for any other kind of enterprise agreement.