Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_216eb
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 216EB
Character Range: 349484–350483

216EB  When the FWC must approve variation of multi‑enterprise agreement to remove employer and employees
  If an application for the approval of a variation of a multi‑enterprise agreement is made under section 216EA, the FWC must approve the variation if the FWC is satisfied that:
 (a) the employer mentioned in paragraph 216E(1)(a) complied with subsection 216E(5) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the variation; and
 (b) the affected employees have voted, by ballot or by an electronic method, on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation; and
 (c) there are no other reasonable grounds for believing that a majority of the affected employees who cast a valid vote did not approve the variation; and
 (d) each employee organisation covered by the agreement, that is entitled to represent the industrial interests of one or more affected employees, agrees to the variation.