Document ID: chunk:federal_register_of_legislation:C2025C00150:section:186:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 186 (pt 2/2)
Character Range: 549748–551294

agreement is fairly chosen
 (3) The FWC must be satisfied that the group of employees covered by the agreement was fairly chosen.
 (3A) If the agreement does not cover all of the employees of the employer or employers covered by the agreement, the FWC must, in deciding whether the group of employees covered was fairly chosen, take into account whether the group is geographically, operationally or organisationally distinct.

Requirement that there be no unlawful terms
 (4) The FWC must be satisfied that the agreement does not include any unlawful terms (see Subdivision D of this Division).

Requirement that there be no designated outworker terms
 (4A) The FWC must be satisfied that the agreement does not include any designated outworker terms.

Requirement for a nominal expiry date etc.
 (5) The FWC must be satisfied that:
 (a) the agreement specifies a date as its nominal expiry date; and
 (b) the date will not be more than 4 years after the day on which the FWC approves the agreement.

Requirement for a term about settling disputes
 (6) The FWC must be satisfied that the agreement includes a term:
 (a) that provides a procedure that requires or allows the FWC, or another person who is independent of the employers, employees or employee organisations covered by the agreement, to settle disputes:
 (i) about any matters arising under the agreement; and
 (ii) in relation to the National Employment Standards; and
 (b) that allows for the representation of employees covered by the agreement for the purposes of that procedure.