41Application by employer for approval of a variation of a single interest employer agreement to add employer and employees

41  Application by employer for approval of a variation of a single interest employer agreement to add employer and employees  (1) This rule applies if an application is made under section 216DA of the Act by an employer for approval of a variation of a single interest employer 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 216DA(2)(c) of the Act. Note 2: Under paragraphs 216DA(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 2.10E 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. 42  Application by employee organisation for approval of a variation of a single interest employer agreement to add employer and employees  (1) This rule applies if an application is made under section 216DB of the Act by an employee organisation for approval of a variation of a single interest employer agreement in relation to an employer.  (2) The application must be accompanied by a declaration in support of the application by the employee organisation. Note 2: This subrule is made for the purposes of paragraph 216DB(2)(c) of the Act. Note 3: Under paragraphs 216DB(2)(a) and (b) of the Act, the application must also be accompanied by a signed copy of the variation for which approval is sought and a copy of the agreement as proposed to be varied. For requirements for signing, see regulation 2.10F of the Fair Work Regulations 2009. Employer proposed to be covered by the agreement  (3) The employer must lodge a declaration by the employer in relation to:  (a) whether the employer supports or opposes approval of the variation of the agreement; and  (b) whether the employer disagrees with one or more statements in the employee organisation’s declaration; with the FWC within 14 days after the day on which the employer was served with the employee organisation’s declaration. 43  Application for approval of a variation of a multi‑enterprise agreement to remove employer and employees  (1) This rule applies if an application is made under section 216EA of the Act for approval of a variation of a multi‑enterprise agreement.  (a) a signed copy of the variation; and  (b) a copy of the agreement as proposed to be varied. Note 2: For requirements for signing, see regulation 2.10G of the Fair Work Regulations 2009. Employer proposed to cease being covered by the agreement  (3) The employer that will cease to be covered by the agreement if the variation is approved must lodge a declaration by the employer, in support of the application for approval of the variation, with the FWC within 14 days after the day on which the variation is made.  (4) The declaration must be accompanied by copies of any documents provided to the affected employees to inform them of the time, place and method for the vote. Note: For the definition of document, see the Acts Interpretation Act 1901 (as applying to these Rules under section 40A of the Act).  (5) Each employee organisation that is covered by the agreement and is entitled to represent the industrial interests of one or more of the affected employees must lodge a declaration by the organisation in relation to:  (a) the vote on the variation; and  (b) whether the organisation agrees to the variation of the agreement; and  (c) whether the organisation disagrees with one or more statements in the employer’s declaration; with the FWC within 14 days after the day on which the organisation was served with the employer’s declaration. 44  Documents lodged with an application about a variation of an enterprise agreement or a related declaration must be served with the application or declaration  (a) an application for approval of a variation of an enterprise agreement; or  (b) an application for a variation of an enterprise agreement; or  (c) a declaration in support of, or in relation to, such an application; the person must serve with the application or declaration copies of any documents that were lodged with the application or declaration. Note 1: The rules in this Division provide for documents that must accompany such an application (in addition to the documents that are required under the Act to accompany the application) or declaration. Note 2: For how to serve the application or declaration and documents, see rules 21 and 22.