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.