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Fair Work Commission Rules 2024
40Application by employer for approval of a variation of cooperative workplace agreement to add employer and employees
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40 Application by employer for approval of a variation of cooperative workplace agreement to add employer and employees
(1) This rule applies if an application is made under section 216CA of the Act by an employer for approval of a variation of a cooperative workplace agreement.
Note 1: The declaration and the application must be in the approved form: see rule 9.
Note 2: This subrule is made for the purposes of paragraph 216CA(2)(c) of the Act.
Note 3: Under paragraphs 216CA(2)(a) and (b) of the Act, the application must also be accompanied by a signed copy of the variation and a copy of the agreement as proposed to be varied. For requirements for signing, see regulation 2.10D of the Fair Work Regulations 2009.
(a) used to explain to the affected employees the terms of the agreement as proposed to be varied and the effect of those terms; or
(b) used to give that explanation to those employees in an appropriate manner taking into account their particular circumstances and needs; or
Note: For the definition of document, see the Acts Interpretation Act 1901 (as applying to these Rules under section 40A of the Act).
must lodge a declaration by the organisation to that effect with the FWC within 14 days after the day on which the organisation was served with the employer’s declaration.