Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_638:p1
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 638 (pt 1/3)
Character Range: 340355–343146

638  Subsections 251(3) and (4)
Repeal the subsections, substitute:

Variation to add employer
 (3) The following may apply to the FWC for a variation of a single interest employer authorisation to add the name of an employer (the new employer) that is not specified in the authorisation to the authorisation:
 (a) the new employer;
 (b) a person who is a bargaining representative:
 (i) for the proposed enterprise agreement to which the authorisation relates; and
 (ii) of an employee of the new employer.
 (4) The FWC must vary the authorisation to add the new employer's name if:
 (a) an application for the variation has been made; and
 (b) the FWC is satisfied that:
 (i) the employers specified in the authorisation and the bargaining representatives of the employees of those employers have had an opportunity to express to the FWC their views (if any) on the application; and
 (ii) if the application was made by the new employer under paragraph (3)(a)—no person coerced, or threatened to coerce, the new employer to make the application; and
 (iii) if the application was made by a bargaining representative under paragraph (3)(b)—the requirements of subsection (5) are met; and
 (iv) the requirements of subsection 249(2) or (3) (which deal with franchisees and common interest employers) would continue to be met if the new employer's name were added; and
 (v) if the requirements of subsection 249(3) would continue to be met if the new employer's name were added—the operations and business activities of the new employer are reasonably comparable with those of the employers specified in the authorisation.
 (4A) If:
 (a) the application for approval of the variation was made by a bargaining representative under paragraph (3)(b) of this section; and
 (b) the new employer employed 50 employees or more at the time that the application was made; and
 (c) the requirements of subsection 249(2) do not apply to the new employer;
then the following matters are presumed, unless the contrary is proved:
 (d) that the requirements of subsection 249(3) would continue to be met if the new employer's name were added;
 (e) that, for the purposes of subparagraph (4)(b)(v) of this section, the operations and business activities of the new employer are reasonably comparable with those of the other employers that are specified in the authorisation.

Additional requirements for application by bargaining representative
 (5) The requirements of this subsection are met if:
 (a) the new employer employed at least 20 employees at the time that the application for the variation was made; and
 (b) the new employer has not made an application for a single interest employer authorisation that has not yet been decided in relation to the employees that will be covered by the agreement;