Fair Work Act 2009

This section sets out additional requirements that must be met before the FWC approves an enterprise agreement under section 186.

The FWC must be satisfied that approving the agreement would not be inconsistent with or undermine good faith bargaining by one or more bargaining representatives for a proposed enterprise agreement, or an enterprise agreement, in relation to which a scope order is in operation.

If a bargaining representative is required to vary the agreement as referred to in subsection 184(2), the FWC must be satisfied that the bargaining representative has complied with that subsection and subsection 184(3) (which deals with giving notice of the variation).

The FWC must be satisfied as referred to in any provisions of Subdivision E of this Division that apply in relation to the agreement.

Subdivision E of this Division deals with approval requirements relating to particular kinds of employees.

If the agreement is a greenfields agreement, the FWC must be satisfied that:

the relevant employee organisations that will be covered by the agreement are (taken as a group) entitled to represent the industrial interests of a majority of the employees who will be covered by the agreement, in relation to work to be performed under the agreement; and

it is in the public interest to approve the agreement.

If an agreement is made under subsection 182(4) (which deals with a single‑enterprise agreement that is a greenfields agreement), the FWC must be satisfied that the agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.

In considering the prevailing pay and conditions within the relevant industry for equivalent work, the FWC may have regard to the prevailing pay and conditions in the relevant geographical area.