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Fair Work Commission Rules 2024
130Access to certain applications and declarations
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130 Access to certain applications and declarations
(1) Subject to an order of the FWC under subsection 593(3) or 594(1) of the Act, the FWC may, on application by any person, provide the person with access to the following (excluding any personal information that the FWC considers is appropriate to exclude):
(a) an application for approval of an enterprise agreement and each declaration that must accompany the application or must be lodged with the FWC in relation to the application;
(b) an application for approval of a variation of, or for a variation of, an enterprise agreement and each declaration that must accompany the application or must be lodged with the FWC in relation to the application;
(c) an application for approval of the termination of, or for the termination of, an enterprise agreement or a collective agreement‑based transitional instrument and the declaration that must accompany the application;
(d) an application under section 227A of the Act for the for FWC to reconsider whether an enterprise agreement passes the better off overall test.
Note: The application for access must be in approved form F1—Application (no specific form provided): see rule 9.
(2) Subrule (1) does not apply to a declaration that must only be lodged with the FWC if the declarant wants to advise the FWC of certain matters.
(3) To avoid doubt, this rule does not limit any other power that the FWC may exercise to provide access to documents.