Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:32:p2
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 32 (pt 2/2)
Character Range: 40205–41923

approval of the agreement; or
 (b) that the organisation disagrees with one or more statements in an employer's declaration; or
 (c) of the organisation's views on whether the agreement passes the better off overall test;
must lodge a declaration by the organisation to that effect with the FWC before the FWC approves the agreement.
Note 1: The declaration must be in the approved form: see rule 9.
Note 2: An employee organisation that was a bargaining representative for a proposed enterprise agreement that is not a greenfields agreement may also use the approved form to give the FWC written notice under section 183 of the Act. Section 183 of the Act provides that, after an enterprise agreement that is not a greenfields agreement is made, an employee organisation that was a bargaining representative for the proposed enterprise agreement may give the FWC written notice stating that the organisation wants the enterprise agreement to cover it.

Appointed bargaining representatives
 (6) Each bargaining representative mentioned in paragraph 176(1)(c) of the Act who has been appointed by one or more employees and wants to advise the FWC:
 (a) that the employees support or oppose approval of the agreement; or
 (b) that the employees disagree with one or more statements in an employer's declaration; or
 (c) of the employees' views on whether the agreement passes the better off overall test;
must lodge a declaration by the bargaining representative to that effect with the FWC before the FWC approves the agreement.
Note: The declaration must be in the approved form: see rule 9.
 (7) The declaration must be accompanied by a copy of the written instrument of appointment of the bargaining representative.