Fair Work Act 2009

After the notification time for a proposed multi‑enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an order (a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the enterprise agreement by voting for it if:

each bargaining representative for the enterprise agreement that is an employee organisation has been asked to provide the employer with written agreement to the making of the request; and

one or more of the employee organisations has failed to provide the written agreement.

A person referred to in subsection (3) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 208(1) that employees approve a variation of a multi‑enterprise agreement by voting for it if:

each employee organisation covered by the enterprise agreement has been asked to provide the employer with written agreement to the making of the request; and

one or more of the employee organisations has failed to provide the written agreement.

The persons are the following:

an employer covered by the enterprise agreement;

an employee organisation covered by the enterprise agreement;

an affected employee for the variation.

A bargaining representative for a proposed single‑enterprise agreement (the new agreement) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the new agreement by voting for it if all of the following apply:

a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to one or more employees who will be covered by the new agreement;

the old agreement has not passed its nominal expiry date;

when the new agreement comes into operation, the old agreement will cease to apply to the employees;

it is after the notification time for the new agreement;

each employee organisation to which the old agreement applies has been asked to provide the employer with written agreement to the making of the request;

one or more of the employee organisations has failed to provide the written agreement.