Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:41
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 41
Character Range: 54775–56764

41  Application by employer for approval of a variation of a single interest employer agreement to add employer and employees
 (1) This rule applies if an application is made under section 216DA of the Act by an employer for approval of a variation of a single interest employer agreement.

Applicant
 (2) The application must be accompanied by a declaration in support of the application by the employer.
Note 1: The declaration and the application must be in the approved form: see rule 9.
Note 2: This subrule is made for the purposes of paragraph 216DA(2)(c) of the Act.
Note 2: Under paragraphs 216DA(2)(a) and (b) of the Act, the application must also be accompanied by a signed copy of the variation and a copy of the agreement as proposed to be varied. For requirements for signing, see regulation 2.10E of the Fair Work Regulations 2009.
 (3) The declaration must be accompanied by copies of any documents:
 (a) used to explain to the affected employees the terms of the agreement as proposed to be varied and the effect of those terms; or
 (b) used to give that explanation to those employees in an appropriate manner taking into account their particular circumstances and needs; or
 (c) provided to those employees to inform them of the time, place and method for the vote.
Note: For the definition of document, see the Acts Interpretation Act 1901 (as applying to these Rules under section 40A of the Act).

Employee organisations covered by the agreement
 (4) Each employee organisation that is covered by the agreement and wants to advise the FWC:
 (a) that the organisation supports or opposes approval of the variation of the agreement; or
 (b) that the organisation disagrees with one or more statements in the employer's declaration;
must lodge a declaration by the organisation to that effect with the FWC within 14 days after the day on which the organisation was served with the employer's declaration.
Note: The declaration must be in the approved form: see rule 9.