Fair Work Act 2009

For the purposes of subparagraph 216DC(1)(b)(ii), the FWC is to determine whether it is satisfied that the variation has been genuinely agreed to by the affected employees in accordance with section 188, modified as follows:

as if references (other than in a note) to an enterprise agreement being genuinely agreed to were references to the variation being genuinely agreed to;

as if references to employees covered by or expressed to be covered by the agreement, employees requested to approve the agreement by voting for it, or employees, were references to the affected employees;

as if, in paragraph 188(2)(a), the reference to the agreement were a reference to the agreement as proposed to be varied;

as if subsections 188(2A), (3) and (4) were omitted;

as if, in subsections 188(4A) and (5), references to subsection 180(5) were references to section 216DAA;

as if, in paragraph 188(5)(c), the reference to subsection 182(1) or (2) were a reference to subsection 216D(5).

In taking into account the statement of principles made under section 188B:

the FWC may disregard the matters mentioned in paragraphs 188B(3)(a) and (b); and

the matters mentioned in paragraphs 188B(3)(c) and (d) are taken to be matters relating to the agreement as proposed to be varied; and

the matters mentioned in paragraphs 188B(3)(e) are taken to be matters relating to the variation.

The regulations may provide that, for the purposes of the FWC determining whether it is satisfied that the variation has been genuinely agreed to by the affected employees for the purposes of subparagraph 216DC(1)(b)(ii), specified provisions of this Part, or regulations made for the purposes of this Part, have effect with such modifications as are prescribed by the regulations.