61JApproval of enterprise agreement

61J Approval of enterprise agreement

[Section 61J Inserted by No. 59 of 1992, s. 40 ]

(1)  [Section 61J Subsection (1) amended by No. 74 of 2005, s. 11, Applied:15 Feb 2006] [Section 61J Subsection (1) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001] *[Section 61J Subsection (1) amended by No. 90 of 1994, s. 18 ]*Subject to subsections (1A) and (1C) , the Commissioner must approve an enterprise agreement unless satisfied that–

(a) [Section 61J Subsection (1) amended by No. 18 of 1997, s. 31, Applied:28 Jun 1997] the conditions of employment specified in the agreement do not comply with the minimum conditions of employment specified in section 61F ; or

(b) .  .  .  .  .  .  .  .  

(c) the matters referred to in section 61E are not contained in the agreement; or

(ca) the bargaining process adopted by the parties to the agreement was not appropriate and fair; or

(d) the agreement was made under duress; or

(e) [Section 61J Subsection (1) amended by No. 18 of 1997, s. 31, Applied:28 Jun 1997] [Section 61J Subsection (1) amended by No. 104 of 2000, s. 20, Applied:01 Jan 2001] any matter raised during a hearing convened under section 61I by the Minister, or by an organization intervening under section 27 , justifies refusal of the approval of the agreement; or

(f) [Section 61J Subsection (1) amended by No. 18 of 1997, s. 31, Applied:28 Jun 1997] the agreement is not fair in all the circumstances; or

(g) [Section 61J Subsection (1) amended by No. 18 of 1997, s. 31, Applied:28 Jun 1997] the requirements referred to in , and have not been met.