CTHIn ForceAct
Fair Work Act 2009
240AApplication to FWC for voting request order
Start here
Get a plain-English read of 240A
Turn the raw legal text into a practical explanation grounded in Fair Work Act 2009.
240A Application to FWC for voting request order
Proposed multi‑enterprise agreement
(1) After the notification time for a proposed multi‑enterprise agreement, a bargaining representative for the enterprise agreement may apply to the FWC for an order (a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the enterprise agreement by voting for it if:
(a) each bargaining representative for the enterprise agreement that is an employee organisation has been asked to provide the employer with written agreement to the making of the request; and
(b) one or more of the employee organisations has failed to provide the written agreement.
Variation of multi‑enterprise agreement
(2) A person referred to in subsection (3) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 208(1) that employees approve a variation of a multi‑enterprise agreement by voting for it if:
(a) each employee organisation covered by the enterprise agreement has been asked to provide the employer with written agreement to the making of the request; and
(b) one or more of the employee organisations has failed to provide the written agreement.
(3) The persons are the following:
(a) an employer covered by the enterprise agreement;
(b) an employee organisation covered by the enterprise agreement;
(c) an affected employee for the variation.
Certain proposed single‑enterprise agreements
(4) A bargaining representative for a proposed single‑enterprise agreement (the new agreement) may apply to the FWC for an order (also a voting request order) permitting an employer to make a request under subsection 181(1) that employees approve the new agreement by voting for it if all of the following apply:
(a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to one or more employees who will be covered by the new agreement;
(b) the old agreement has not passed its nominal expiry date;
(c) when the new agreement comes into operation, the old agreement will cease to apply to the employees;
(d) it is after the notification time for the new agreement;
(e) each employee organisation to which the old agreement applies has been asked to provide the employer with written agreement to the making of the request;
(f) one or more of the employee organisations has failed to provide the written agreement.