61SNew enterprises

### 61S New enterprises > *\[Section 61S Inserted by No. 59 of 1992, s. 40 \]* > > > (1)  In this section – > > > > > ***intending employee*** means a person who intends to be employed in a new enterprise; > > > > > ***intending employer*** means a person who intends to be an employer in a new enterprise; > > > > > ***new enterprise*** means an enterprise which is not in existence but in which persons are proposed to be employed at the commencement of its operations. > > > (2)  An enterprise agreement in relation to a new enterprise may be made between an intending employer and any one of the following: > > > > > > (a) one or more organizations of employees representing intending employees; > > > > > > > (b) [*\[Section 61S Subsection (2) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc12@EN) each of at least 60% of the intending employees if the Commissioner is satisfied that those intending employees have, by declaration in writing, specified a willingness to be employed under the conditions specified in the enterprise agreement. > > > (3)  The provisions of [sections 61E](#GS61E@EN) , [61F](#GS61F@EN) , [61G](#GS61G@EN) , [61H](#GS61H@EN) , [61I](#GS61I@EN) , [61J](#GS61J@EN) , [61K](#GS61K@EN) , [61L](#GS61L@EN) , [61M](#GS61M@EN) , [61N](#GS61N@EN) and [61Q](#GS61Q@EN) apply with the necessary modifications to the making of an enterprise agreement under this section as if it were an enterprise agreement made in respect of an existing enterprise. > > > (4)  [*\[Section 61S Subsection (4) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc13@EN) If, at the end of 30 days after the commencement of the operation of the new enterprise, the Commissioner is satisfied – > > > > > > (a) that the individuals who declared in writing a willingness to be employed under the conditions specified in the enterprise agreement constitute at least 60% of the employees of the enterprise; or > > > > > > > (b) that at least 60% of the persons employed in the enterprise to which the enterprise agreement applies agree to it by secret ballot – > > > > the enterprise agreement remains in force and the provisions of [sections 61O](#GS61O@EN) , [61P](#GS61P@EN) and [61R](#GS61R@EN) apply to the agreement. > > > (5)  [*\[Section 61S Subsection (5) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc14@EN) If the Commissioner is not satisfied as required under [subsection (4)](#GS61S@Gs4@EN) , the Commissioner must terminate the enterprise agreement. > > > (6)  [*\[Section 61S Subsection (6) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc15@EN) If the Commissioner terminates an enterprise agreement, the Commissioner must serve notice of the termination on all parties to the agreement. > > > (7)  [*\[Section 61S Subsection (7) amended by No. 104 of 2000, Sched. 2, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#JS2@JT@tr@oc16@EN) If the Commissioner terminates an enterprise agreement, the relevant award conditions apply to employees employed in the enterprise.