Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:39
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 39
Character Range: 51372–52794

39  Application by employee organisation for a variation of a supported bargaining agreement to add employer and employees
 (1) This rule applies if an application is made under section 216B of the Act by an employee organisation for a variation of a supported bargaining agreement in relation to an employer.

Applicant
 (2) The application must be accompanied by a declaration in support of the application by the employee organisation.
Note 1: The application and declaration must be in the approved form: see rule 9.
Note 2: This subrule is made for the purposes of paragraph 216B(2)(c) of the Act.
Note 3: Under paragraphs 216B(2)(a) and (b) of the Act, the application must also be accompanied by a signed copy of the variation proposed by the employee organisation and a copy of the agreement as proposed to be varied. For requirements for signing, see regulation 2.10C of the Fair Work Regulations 2009.

Employer proposed to be covered by the agreement
 (3) The employer must lodge a declaration by the employer in relation to:
 (a) whether the employer supports or opposes the proposed variation of the agreement; and
 (b) whether the employer disagrees with one or more statements in the employee organisation's declaration;
with the FWC within 14 days after the day on which the employer was served with the employee organisation's declaration.
Note: The declaration must be in the approved form: see rule 9.