Fair Work Amendment Act 2012 (174 of 2012)
Schedule 4 Enterprise agreements
Part 2 Bargaining representatives
Fair Work Act 2009
2 Subsection 176(3)
Repeal the subsection, substitute:
(3) Despite subsections (1) and (2):
(a) an employee organisation; or
(b) an official of an employee organisation (whether acting in that capacity or otherwise);
cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement.