602AValidation of approval of enterprise agreement

602A Validation of approval of enterprise agreement

(1) If:

(a) after an enterprise agreement was made:

(i) an application for the approval of a draft of the enterprise agreement was erroneously made to the FWC; and

(ii) the FWC approved the draft of the agreement; and

(b) the FWC is satisfied that, assuming that the application had been an application for the approval of the enterprise agreement that was made, the FWC would have approved the enterprise agreement that was made;

the FWC may determine in writing that the approval is as valid and effective, and is taken to have been as valid and effective, as it would have been if:

(c) the application had been an application for the approval of the enterprise agreement that was made instead of an application for the approval of the draft of the agreement; and

(d) the requirements set out in subsection 185(2) or section 185A (whichever is applicable) had been met in relation to the application; and

(e) the approval had been an approval of the enterprise agreement that was made instead of an approval of the draft of the agreement.

(2) The FWC may make a determination under subsection (1):

(a) on its own initiative; or

(b) on application.

(3) If the FWC makes a determination under subsection (1) in relation to an enterprise agreement that was made, the FWC must:

(a) publish the agreement on the FWC’s website or by any other means that the FWC considers appropriate; and

(b) do so as soon as practicable after making the determination.