Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p7
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 7/32)
Character Range: 65886–68745

For subsection 205(3) of the Act, the model consultation term is set out in Schedule 2.3.

Division 7—Variation and termination of enterprise agreements

Subdivision A—Variation of enterprise agreements by employers and employees: general circumstances

2.09A  Requirements for signing variation of enterprise agreement
 (1) For subsection 210(4) of the Act, this regulation prescribes the requirements for the signing of a variation to an enterprise agreement.
 (2) For paragraph 210(2)(a) of the Act, a copy of a variation to an enterprise agreement is a signed copy only if:
 (a) it is signed by:
 (i) the employer covered by the agreement as varied; and
 (ii) at least 1 representative of the employees covered by the agreement as varied; and
 (b) it includes:
 (i) the full name and address of each person who signs the variation; and
 (ii) an explanation of the person's authority to sign the variation.
Note: Paragraph 210(2)(a) of the Act requires an application for approval of a variation to an enterprise agreement to be accompanied by a signed copy of the variation.
 (3) Unless the representative of the employees covered by the agreement as varied is an employee in a class of employees who will be bound by the agreement as varied, the representative's signature is not taken to indicate that the representative intends to be bound by the agreement as varied.

2.10  FWC may approve variation of enterprise agreement with undertaking—requirements for signing undertaking for variation
  For subsection 212(4) of the Act, an undertaking relating to the variation of an enterprise agreement must be signed by each employer who gives the undertaking.

2.10A  Approval of variations of enterprise agreements—modification of requirement to take into account statement of principles on genuine agreement
 (1) For the purposes of subsection 211(6) of the Act, section 188 of the Act has effect with the modifications prescribed by this regulation for the purpose of the FWC deciding, in considering an application for the approval of a variation of an enterprise agreement, whether it is satisfied of the matter referred to in paragraph 211(1)(a) of the Act.
 (2) In taking into account the statement of principles made under section 188B of the Act:
 (a) the matter mentioned in paragraph 188B(3)(b) of the Act is taken to be a matter relating to the capacity of employees to be represented in relation to the proposed variation of the enterprise agreement; and
 (b) the matters mentioned in paragraphs 188B(3)(a), (c), (d) and (e) of the Act are taken to be matters relating to the proposed variation of the enterprise agreement.

Subdivision AA—Variation of supported bargaining agreement to add employer and employees (with consent)

2.10B  Requirements for signing variations of supported bargaining agreements to add employer and employees (with