Fair Work Act 2009

Section 243 has effect subject to this section.

The FWC must not make a supported bargaining authorisation specifying an employee who is covered by a single‑enterprise agreement that has not passed its nominal expiry date.

A supported bargaining authorisation has no effect to the extent that it specifies an employee who is covered by a single‑enterprise agreement that has not passed its nominal expiry date.

However, subsections (1) and (2) do not apply if the FWC is satisfied that the employer’s main intention in making the agreement with the employees covered by it was to avoid being specified in a supported bargaining authorisation.

The FWC must not make a supported bargaining authorisation under subsection 243(2C) specifying an employer if:

the employer is specified in an application for the authorisation; and

before the FWC makes the authorisation, the employer applies to the FWC for the employer not to be specified in the authorisation; and

the FWC is satisfied that, because of a change in the employer’s circumstances, it would not be appropriate for the employer to be specified in the authorisation.

The FWC must not make a supported bargaining authorisation in relation to a proposed enterprise agreement if the agreement would cover employees in relation to general building and construction work.