CTHIn ForceAct
Fair Work Act 2009
239Operation of a scope order
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239 Operation of a scope order
A scope order in relation to a proposed single‑enterprise agreement:
(b) ceases to be in operation at the earliest of the following:
(i) if the order is revoked—the time specified in the instrument of revocation;
(ii) when the agreement is approved by the FWC;
(iii) when a workplace determination that covers the employees that would have been covered by the agreement comes into operation;
(iv) when the bargaining representatives for the agreement agree that bargaining has ceased.
Subdivision D—FWC may deal with a bargaining dispute on request
240 Application for the FWC to deal with a bargaining dispute
Bargaining representative may apply for the FWC to deal with a dispute
(1) A bargaining representative for a proposed enterprise agreement may apply to the FWC for the FWC to deal with a dispute about the agreement if the bargaining representatives for the agreement are unable to resolve the dispute.
(2) If the proposed enterprise agreement is:
(a) a single‑enterprise agreement; or
(b) a supported bargaining agreement; or
(c) a multi‑enterprise agreement in relation to which a single interest employer authorisation is in operation;
the application may be made by one bargaining representative, whether or not the other bargaining representatives for the agreement have agreed to the making of the application.
(3) If subsection (2) does not apply, a bargaining representative may only make the application if all of the bargaining representatives for the agreement have agreed to the making of the application.
(4) If the bargaining representatives have agreed that the FWC may arbitrate (however described) the dispute, the FWC may do so.
Subdivision E—Voting request orders