Fair Work Act 2009

An employer specified in a supported bargaining authorisation may apply to the FWC for a variation of the authorisation to remove the employer’s name from the authorisation.

If an application is made under subsection (1), the FWC must vary the authorisation to remove the employer’s name if the FWC is satisfied that, because of a change in the employer’s circumstances, it is no longer appropriate for the employer to be specified in the authorisation.

The following may apply to the FWC for a variation of a supported bargaining authorisation to add the name of an employer that is not specified in the authorisation:

the employer;

a bargaining representative of an employee who will be covered by the proposed multi‑enterprise agreement to which the authorisation relates;

an employee organisation that is entitled to represent the industrial interests of an employee in relation to work to be performed under that agreement.

If an application is made under subsection (3), the FWC must vary the authorisation to add the employer’s name if the FWC is satisfied that it is in the public interest to do so, taking into account:

if the employer’s employees are in an industry, occupation or sector declared by the Minister under subsection 243(2B)—the declaration; and

if paragraph (a) of this subsection does not apply—the matters set out in paragraph 243(1)(b); and

any other matters the FWC considers appropriate.

Despite subsection (4), the FWC must not vary the authorisation if subsection 243A(1) (employees covered by single‑enterprise agreement that has not passed nominal expiry date) would prevent the FWC from making a supported bargaining authorisation specifying the employees.

Despite subsection (4), the FWC must not vary the authorisation if, as a result of the variation, the proposed multi‑enterprise agreement to which the authorisation relates would cover employees in relation to general building and construction work.