216CAATerms of the variation must be explained to employees

216CAA Terms of the variation must be explained to employees

(1) Before an employer requests under subsection 216C(2) that affected employees approve a proposed variation, the employer must take all reasonable steps to ensure that:

(a) the terms of the agreement as proposed to be varied, and the effect of those terms, are explained to the affected employees; and

(b) the explanation is provided in an appropriate manner taking into account the particular circumstances and needs of those employees.

(2) Without limiting paragraph (1)(b), the following are examples of the kinds of employees whose circumstances and needs are to be taken into account for the purposes of complying with that paragraph:

(a) employees from culturally and linguistically diverse backgrounds;

(b) young employees;

(c) employees who did not have a representative for the variation.

216CA Application for the FWC’s approval of a variation of a cooperative workplace agreement to add employer and employees

Application for approval

(1) If a variation of a cooperative workplace agreement is made as mentioned in section 216C, the employer must apply to the FWC for approval of the variation.

Material to accompany the application

(2) The application must be accompanied by:

(a) a signed copy of the variation; and

(b) a copy of the agreement as proposed to be varied; and

(c) any declarations that are required by the procedural rules to accompany the application.

When the application must be made

(3) The application must be made:

(a) within 14 days after the variation is made; or

(b) if in all the circumstances the FWC considers it fair to extend that period—within such further period as the FWC allows.

Signature requirements

(4) The regulations may, for the purposes of this Subdivision, prescribe requirements relating to the signing of variations.

216CB When the FWC must approve a variation of a cooperative workplace agreement to add employer and employees

(1) If an application for the approval of a variation of a cooperative workplace agreement is made under section 216CA, the FWC must approve the variation if the FWC is satisfied that:

(a) the employers, and any employee organisations, covered by the agreement before the variation was made have had an opportunity to express to the FWC their views (if any) on the variation; and

(b) the affected employees have voted on whether to approve the variation and, of those who cast a valid vote, a majority approved the variation; and