Fair Work Act 2009

This section applies if:

an application for the approval of an enterprise agreement has been made under subsection 182(4) or section 185; and

the FWC has a concern that the agreement does not meet the requirement set out in paragraph 186(2)(d) (better off overall test).

The FWC may approve the agreement under section 186 if the FWC is satisfied that an amendment specified by the FWC is necessary to address the concern.

If the FWC intends to specify an amendment under subsection (2), the FWC must seek the views of the following:

the employer or employers that are covered by the agreement;

the award covered employees for the agreement;

if the agreement is a single‑enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees;

a bargaining representative for the agreement.