24Application for approval of an enterprise agreement

#### 24 Application for approval of an enterprise agreement Agreements other than greenfields agreements (1) If an application is made under section 185 of the Act for approval of an enterprise agreement that is not a greenfields agreement, each employer that is covered by the agreement must lodge a declaration, in support of the application for approval, by the employer or by an officer or authorised employee of the employer within 14 days after the agreement is made. > Note 1: The declaration must be in the approved form—see subrule 8(2). > Note 2: Rule 40 also requires each employer that is covered by the enterprise agreement to notify employees that application has been made for approval of the enterprise agreement. (2) The declaration lodged under subrule (1) must be accompanied by a copy of the notice given by the employer under section 173 of the Act. > Note: The notice under section 173 of the Act is a notice by an employer that will be covered by an enterprise agreement (other than a greenfields agreement) to each employee who will be covered by the agreement and who is employed at the time of notification that the employee has the right to be represented by a bargaining representative. (3) If the agreement is not a greenfields agreement, each employee organisation that is a bargaining representative and wants to advise the Commission that the organisation: (a) supports or opposes approval of the agreement; or (b) disagrees with one or more statements in a declaration made by an employer under subrule (1); must lodge a declaration by an officer or authorised employee of the organisation before the Commission approves the agreement. > Note 1: The declaration must be in the approved form—see subrule 8(2). > Note 2: An employee organisation that was a bargaining representative for a proposed enterprise agreement that is not a greenfields agreement may also use the approved form to give the Commission written notice under section 183 of the Act. Section 183 provides that, after an enterprise agreement that is not a greenfields agreement is made, an employee organisation that was a bargaining representative for the proposed enterprise agreement may give the Commission written notice stating that the organisation wants the enterprise agreement to cover it. (4) If the agreement is not a greenfields agreement, each bargaining representative mentioned in paragraph 176(1)(c) of the Act who has been appointed by one or more employees and wants to advise the Commission that the employees: (a) support or oppose approval of the agreement; or (b) disagree with one or more statements in a declaration made by an employer under subrule (1); must lodge a declaration before the Commission approves the agreement. > Note: The declaration must be in the approved form—see subrule 8(2). Greenfields agreements—other than single enterprise agreements made under subsection 182(4) of the Act (5) If an application is made under section 185 of the Act for approval of an agreement that is a greenfields agreement, the application must be accompanied: (a) by a declaration by each employer, or by an officer or authorised employee of each employer, that is covered by the agreement; and (b) by a declaration by an officer or authorised employee of each relevant employee organisation that is covered by the agreement. > Note: The declarations must be in the approved form—see subrule 8(2). Greenfields agreements—single enterprise agreements made under subsection 182(4) of the Act (5A) For paragraph 185A(b) of the Act, subrules (5B) to (5D) apply in relation to an application for the approval of an agreement made under subsection 182(4) of the Act. > Note: Subsection 182(4) of the Act provides that single‑enterprise greenfields agreements may be taken to have been made in certain circumstances even if not signed by each employer and relevant employee organisation. (5B) The application must be accompanied by a declaration, in support of the application for approval, by each employer, or by an officer or authorised employee of each employer, that is a bargaining representative for the agreement. > Note: The declaration must be in the approved form—see subrule 8(2). (5C) The declaration must be accompanied by a copy of each notice given under section 178B of the Act by an employer that is a bargaining representative for the agreement. > Note: Each employer that is a bargaining representative for the agreement must give a notice under section 178B of the Act to each employee organisation that is a bargaining representative for the agreement. The notice provides for a stated 6 month period to be the notified negotiating period for the agreement. (5D) If an employee organisation that is a bargaining representative for the agreement wants to advise the Commission that the organisation disagrees with one or more statements in the declaration accompanying the application under subrule (5B), the organisation must lodge a declaration by an officer or authorised employee of the organisation before the Commission approves the agreement. > Note: The declaration must be in the approved form—see subrule 8(2). General—instruments of appointment of bargaining representatives (6) If the application is made, or a declaration is lodged, by a bargaining representative appointed by an employer or by an employee, the application or declaration must be accompanied by a copy of the written instrument of appointment of the bargaining representative.