sec.213Deciding designated awards

### sec.213 Deciding designated awards This section applies if— an employer, or an employee organisation, proposes to make a certified agreement; and there is no relevant award for some or all of the persons to whom the agreement will apply. The employer or organisation must apply to the commission for a decision under subsection (3) . On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test. The commission must give the employer or organisation in written notice of the commission’s decision. (sec.213-ssec.1) This section applies if— an employer, or an employee organisation, proposes to make a certified agreement; and there is no relevant award for some or all of the persons to whom the agreement will apply. (sec.213-ssec.2) The employer or organisation must apply to the commission for a decision under subsection (3) . (sec.213-ssec.3) On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test. (sec.213-ssec.4) The commission must give the employer or organisation in written notice of the commission’s decision. - (a) an employer, or an employee organisation, proposes to make a certified agreement; and - (b) there is no relevant award for some or all of the persons to whom the agreement will apply.