Fair Work Act 2009

The FWC must make a supported bargaining authorisation in relation to a proposed multi‑enterprise agreement if:

an application for the authorisation has been made; and

the FWC is satisfied that it is appropriate for the employers and employees (which may be some or all of the employers or employees specified in the application) that will be covered by the agreement to bargain together, having regard to:

the prevailing pay and conditions within the relevant industry or sector (including whether low rates of pay prevail in the industry or sector); and

whether the employers have clearly identifiable common interests; and

whether the likely number of bargaining representatives for the agreement would be consistent with a manageable collective bargaining process; and

any other matters the FWC considers appropriate; and

the FWC is satisfied that at least some of the employees who will be covered by the agreement are represented by an employee organisation.

This subsection is subject to section 243A (restrictions on making supported bargaining authorisations).

For the purposes of subparagraph (1)(b)(ii), examples of common interests that employers may have include the following:

a geographical location;

the nature of the enterprises to which the agreement will relate, and the terms and conditions of employment in those enterprises;

being substantially funded, directly or indirectly, by the Commonwealth, a State or a Territory.

The FWC must also make a supported bargaining authorisation in relation to a proposed multi‑enterprise agreement if:

an application for the authorisation has been made; and

the employees specified in the application are employees in an industry, occupation or sector declared by the Minister under subsection (2B).

This subsection is subject to section 243A (restrictions on making supported bargaining authorisations).

The Minister may, by legislative instrument, declare an industry, occupation or sector, if the Minister is satisfied that doing so is consistent with the objects of this Division set out in section 241.

The FWC must also make a supported bargaining authorisation in relation to a proposed multi‑enterprise agreement if:

the proposed agreement will replace an earlier supported bargaining agreement (the earlier agreement) that will have passed its nominal expiry date; and

an application for the authorisation has been made by an employee organisation that was a bargaining representative for the earlier agreement; and

the application was made:

no earlier than 3 months before the nominal expiry date of the earlier agreement; and

no later than 2 years after the nominal expiry date of the earlier agreement; and

the FWC is satisfied that the proposed agreement will cover:

the same employers, or substantially the same employers, as the earlier agreement; and

the same employees, or substantially the same group of employees, as the earlier agreement.

This subsection is subject to section 243A (restrictions on making supported bargaining authorisations).

The FWC must make the authorisation as quickly as possible after the application is made.

The authorisation must specify:

the employers that will be covered by the agreement; and

the employees who will be covered by the agreement; and

any other matter prescribed by the procedural rules.

The authorisation comes into operation on the day on which it is made.