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.