Document ID: chunk:federal_register_of_legislation:F2024L00379:reg:43
Version: federal_register_of_legislation:F2024L00379
Segment Type: reg
Provision Reference: reg 43
Character Range: 58215–60125

43  Application for approval of a variation of a multi‑enterprise agreement to remove employer and employees
 (1) This rule applies if an application is made under section 216EA of the Act for approval of a variation of a multi‑enterprise agreement.

Applicant
 (2) The application must be accompanied by:
 (a) a signed copy of the variation; and
 (b) a copy of the agreement as proposed to be varied.
Note 1: The application must be in the approved form: see rule 9.
Note 2: For requirements for signing, see regulation 2.10G of the Fair Work Regulations 2009.

Employer proposed to cease being covered by the agreement
 (3) The employer that will cease to be covered by the agreement if the variation is approved must lodge a declaration by the employer, in support of the application for approval of the variation, with the FWC within 14 days after the day on which the variation is made.
Note: The declaration must be in the approved form: see rule 9.
 (4) The declaration must be accompanied by copies of any documents provided to the affected employees to inform them of the time, place and method for the vote.
Note: For the definition of document, see the Acts Interpretation Act 1901 (as applying to these Rules under section 40A of the Act).

Employee organisations covered by the agreement
 (5) Each employee organisation that is covered by the agreement and is entitled to represent the industrial interests of one or more of the affected employees must lodge a declaration by the organisation in relation to:
 (a) the vote on the variation; and
 (b) whether the organisation agrees to the variation of the agreement; and
 (c) whether the organisation disagrees with one or more statements in the employer's declaration;
with the FWC within 14 days after the day on which the organisation was served with the employer's declaration.
Note: The declaration must be in the approved form: see rule 9.