CTHIn ForceAct
Fair Work Act 2009
158Applications to vary, revoke or make modern award
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158 Applications to vary, revoke or make modern award
Subdivision B—Other situations
159 Variation of modern award to update or omit name of employer, organisation or outworker entity
159A Variation of default fund term of modern award
160 Variation of modern award to remove ambiguity or uncertainty or correct error
161 Variation of modern award on referral by Australian Human Rights Commission
Division 6—General provisions relating to modern award powers
162 General
163 Special criteria relating to changing coverage of modern awards
164 Special criteria for revoking modern awards
165 When variation determinations come into operation, other than determinations setting, varying or revoking modern award minimum wages
166 When variation determinations setting, varying or revoking modern award minimum wages come into operation
167 Special rules relating to retrospective variations of awards
168 Varied modern award must be published
Division 7—Additional provisions relating to modern enterprise awards
168A Modern enterprise awards
168B The modern enterprise awards objective
168C Rules about making and revoking modern enterprise awards
168D Rules about changing coverage of modern enterprise awards
Division 8—Additional provisions relating to State reference public sector modern awards
168E State reference public sector modern awards
168F The State reference public sector modern awards objective
168G Making State reference public sector modern awards on application
168H State reference public sector modern awards may contain State‑based differences
168J When State reference public sector modern awards come into operation
168K Rules about revoking State reference public sector modern awards
168L Rules about varying coverage of State reference public sector modern awards
Part 2‑4—Enterprise agreements
169 Guide to this Part
170 Meanings of employee and employer
171 Objects of this Part
Division 2—Employers and employees may make enterprise agreements
172 Making an enterprise agreement
172A Special measures to achieve equality
Division 3—Bargaining and representation during bargaining
173 Notice of employee representational rights
174 Content and form of notice of employee representational rights
176 Bargaining representatives for proposed enterprise agreements that are not greenfields agreements
177 Bargaining representatives for proposed enterprise agreements that are greenfields agreements
177A Restrictions on removed persons being bargaining representatives
178 Appointment of bargaining representatives—other matters
178A Revocation of appointment of bargaining representatives etc.
178B Notified negotiation period for a proposed single‑enterprise agreement that is a greenfields agreement
Division 4—Approval of enterprise agreements
Subdivision A—Pre‑approval steps and applications for the FWC’s approval
179 Disclosure by organisations that are bargaining representatives
179A Disclosure by employers
180 Certain pre‑approval requirements
180A Agreement of bargaining representatives that are employee organisations—proposed multi‑enterprise agreements
180B Agreement of bargaining representatives that are employee organisations—certain proposed single‑enterprise agreements
181 Employers may request employees to approve a proposed enterprise agreement
182 When an enterprise agreement is made
183 Entitlement of an employee organisation to have an enterprise agreement cover it
184 Multi‑enterprise agreement to be varied if not all employees approve the agreement
185 Bargaining representative must apply for the FWC’s approval of an enterprise agreement
185A Material that must accompany an application under subsection 182(4) for approval of a greenfields agreement
Subdivision B—Approval of enterprise agreements by the FWC
186 When the FWC must approve an enterprise agreement—general requirements
187 When the FWC must approve an enterprise agreement—additional requirements
188 Determining whether an enterprise agreement has been genuinely agreed to by employees
188A Disclosure documents
188B Statement of principles on genuine agreement
189 FWC may approve an enterprise agreement that does not pass better off overall test—public interest test
190 FWC may approve an enterprise agreement with undertakings
191 Effect of undertakings
191A FWC may approve an enterprise agreement with amendments
191B Effect of amendment specified by FWC
192 When the FWC may refuse to approve an enterprise agreement
Subdivision C—Better off overall test