Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_216dc:p1
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 216DC (pt 1/3)
Character Range: 320325–323078

216DC  When the FWC must approve a variation of a single interest employer agreement to add employer and employees

Approval of variation by the FWC
 (1) The FWC must approve a variation of a single interest employer agreement if:
 (a) an application for approval of the variation has been made under section 216DA or 216DB; and
 (b) the FWC is satisfied that:
 (i) the employers and any employee organisations covered by the agreement have had an opportunity to express to the FWC their views (if any) on the application; and
 (ii) if the application was made by an employer under section 216DA—the variation has been genuinely agreed to by the affected employees in accordance with section 216DD; and
 (iii) if the application was made by an employee organisation under section 216DB—the requirements of subsection (1A) are met; and
 (iv) the requirements of either subsection (2) or (3) (which deal with franchisees and common interest employers) are met; and
 (v) if the requirements of subsection (3) are met—the operations and business activities of the employer are reasonably comparable with those of the other employers who are covered by the agreement.
 (1AA) If:
 (a) the application for approval of the variation was made by an employee organisation under section 216DB; and
 (b) the employer that will be covered by the agreement employed 50 employees or more at the time that the application was made;
it is presumed for the purposes of subparagraph (1)(b)(v) that the operations and business activities of the employer are reasonably comparable with those of the other employers that are covered by the agreement, unless the contrary is proved.

Additional requirements for application by employee organisation
 (1A) The requirements of this subsection are met if:
 (a) the employer that will be covered by the agreement employed at least 20 employees at the time that the application for approval of the variation was made; and
 (b) a majority of the affected employees want to be covered by the agreement; and
 (c) subsection (1C) does not apply to the employer.
 (1B) For the purposes of paragraph (1A)(b), the FWC may work out whether a majority of the affected employees want to be covered by the agreement using any method the FWC considers appropriate.
 (1C) This subsection applies to an employer if:
 (a) the employer and the affected employees are covered by another enterprise agreement that has not passed its nominal expiry date at the time that the FWC will approve the variation; or
 (b) the employer and an employee organisation that is entitled to represent the industrial interests of one or more of the affected employees have agreed in writing to bargain for a proposed single‑enterprise agreement that would cover the