31Application to make, vary or revoke a modern award

31  Application to make, vary or revoke a modern award   An applicant that has lodged an application to make, vary or revoke a modern award under Division 5 of Part 2‑3 of the Act must apply to the FWC under rule 8 for directions about the procedure to be followed in relation to service of the application. Note: The application and the application under rule 8 must be in the approved form: see rule 9. Part 3—Enterprise Agreements Division 1—Approval of enterprise agreements 32  Application for approval of an enterprise agreement—other than a greenfields agreement  (1) This rule applies if an application is made under section 185 of the Act for approval of an enterprise agreement that is not a greenfields agreement. Note 1: The application must be accompanied by a signed copy of the agreement: see subsection 185(2) of the Act and regulation 2.06A of the Fair Work Regulations 2009. Note 2: The application must be in the approved form: see rule 9.  (2) If the applicant is a bargaining representative appointed by an employer or an employee, the application must be accompanied by a copy of the written instrument of appointment of the bargaining representative.  (3) Each employer that is covered by the agreement must lodge a declaration by the employer, in support of the application for approval, with the FWC within 14 days after the day on which the agreement is made. Note 1: The declaration must be in the approved form: see rule 9. Note 2: Rule 35 also requires each employer that is covered by the enterprise agreement to notify its employees that an application has been made for approval of the enterprise agreement.  (4) The declaration must be accompanied by:  (a) if the employer is required to give notice under subsection 173(1) of the Act of the right to be represented by a bargaining representative—a copy of the notice; and  (b) copies of any documents:  (i) used to explain to the employees employed at the time who will be covered by the agreement the terms of the agreement and the effect of those terms; or  (ii) used to give that explanation to those employees in an appropriate manner taking into account their particular circumstances and needs; or  (iii) provided to those employees to inform them of the time, place and method for the vote. Note 1: An employer is only required to give a notice under subsection 173(1) of the Act if the agreement is a single‑enterprise agreement (or an agreement with a notification time before 6 June 2023 covered by item 66 of Schedule 1 to the Act). Note 2: For the definition of document, see the Acts Interpretation Act 1901 (as applying to these Rules under section 40A of the Act). Employee organisations that are bargaining representatives  (5) Each employee organisation that is a bargaining representative and wants to advise the FWC:  (a) that the organisation supports or opposes approval of the agreement; or  (b) that the organisation disagrees with one or more statements in an employer’s declaration; or  (c) of the organisation’s views on whether the agreement passes the better off overall test; must lodge a declaration by the organisation to that effect with the FWC before the FWC approves the agreement. Note 1: The declaration must be in the approved form: see rule 9. 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 FWC written notice under section 183 of the Act. Section 183 of the Act 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 FWC written notice stating that the organisation wants the enterprise agreement to cover it. Appointed bargaining representatives  (6) 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 FWC:  (a) that the employees support or oppose approval of the agreement; or  (b) that the employees disagree with one or more statements in an employer’s declaration; or  (c) of the employees’ views on whether the agreement passes the better off overall test; must lodge a declaration by the bargaining representative to that effect with the FWC before the FWC approves the agreement.  (7) The declaration must be accompanied by a copy of the written instrument of appointment of the bargaining representative.