Fair Work and Other Legislation Amendment (Secure Jobs, Better Pay) Regulations 2023 (F2023L00625)

Schedule 1   Amendments

Part 4   Enterprise agreements

Division 2   Amendments commencing later

Fair Work Regulations 2009

13   Before Subdivision D of Division 7 of Part 2-4

Insert:

2.10A Approval of variations of enterprise agreements - modification of requirement to take into account statement of principles on genuine agreement

(1) For the purposes of subsection 211(6) of the Act, section 188 of the Act has effect with the modifications prescribed by this regulation for the purpose of the FWC deciding, in considering an application for the approval of a variation of an enterprise agreement, whether it is satisfied of the matter referred to in paragraph 211(1)(a) of the Act.

(2) In taking into account the statement of principles made under section 188B of the Act:

(a) the matter mentioned in paragraph 188B(3)(b) of the Act is taken to be a matter relating to the capacity of employees to be represented in relation to the proposed variation of the enterprise agreement; and

(b) the matters mentioned in paragraphs 188B(3)(a), (c), (d) and (e) of the Act are taken to be matters relating to the proposed variation of the enterprise agreement.

Subdivision AA - Variation of supported bargaining agreement to add employer and employees (with consent)

2.10B Requirements for signing variations of supported bargaining agreements to add employer and employees (with consent)

(1) For the purposes of subsection 216AA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a supported bargaining agreement made jointly under section 216A of the Act by the employer who will be covered by the agreement if the variation is approved and the affected employees for the variation.

Note: Paragraph 216AA(2)(a) of the Act requires an application for approval of a variation of a supported bargaining agreement to add an employer and employees to be accompanied by a signed copy of the variation.

(2) The variation must be signed by the following:

(a) the employer or a person authorised by the employer to sign the variation on the employer's behalf;

(b) at least 1 representative of the affected employees.

(3) The variation must include, for each person who signs the variation:

(a) the full name and address of the person; and

(b) an explanation of the person's authority to sign the variation.

(4) Unless the representative of the affected employees is an affected employee, the representative's signature is not taken to indicate that the representative intends to be bound by the agreement as varied.

Subdivision AB - Variation of supported bargaining agreement to add employer and employees (without consent)

2.10C Requirements for signing variations of supported bargaining agreements to add employer and employees (without consent)

(1) For the purposes of subsection 216B(3) of the Act, this regulation prescribes requirements relating to the signing of a variation of a supported bargaining agreement proposed by an employee organisation that is covered by the agreement.

Note: Paragraph 216B(2)(a) of the Act requires an application for approval of a variation of a supported bargaining agreement to add an employer and employees to be accompanied by a signed copy of the variation.

(2) The variation must be signed by the employee organisation.

(3) The variation must include, for each person who signs the variation:

(a) the full name and address of the person; and

(b) an explanation of the person's authority to sign the variation.

Subdivision AC - Variation of cooperative workplace agreement to add employer and employees

2.10D Requirements for signing variations of cooperative workplace agreements to add employer and employees

(1) For the purposes of subsection 216CA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a cooperative workplace agreement made jointly under section 216C of the Act by the employer who will be covered by the agreement if the variation is approved and the affected employees for the variation.

Note: Paragraph 216CA(2)(a) of the Act requires an application for approval of a variation of a cooperative workplace agreement to add an employer and employees to be accompanied by a signed copy of the variation.

(2) The variation must be signed by the following:

(a) the employer or a person authorised by the employer to sign the variation on the employer's behalf;

(b) at least 1 representative of the affected employees.

(3) The variation must include, for each person who signs the variation:

(a) the full name and address of the person; and

(b) an explanation of the person's authority to sign the variation.

(4) Unless the representative of the affected employees is an affected employee, the representative's signature is not taken to indicate that the representative intends to be bound by the agreement as varied.

Subdivision AD - Variation of single interest employer agreement to add employer and employees

2.10E Requirements for signing variations of single interest employer agreements to add employer and employees (with consent)

(1) For the purposes of subsection 216DA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a single interest employer agreement made jointly under section 216D of the Act by the employer who will be covered by the agreement if the variation is approved and the affected employees for the variation.

Note: Paragraph 216DA(2)(a) of the Act requires an application for approval of a variation of a single interest employer agreement to add an employer and employees to be accompanied by a signed copy of the variation.

(2) The variation must be signed by the following:

(a) the employer or a person authorised by the employer to sign the variation on the employer's behalf;

(b) at least 1 representative of the affected employees.

(3) The variation must include, for each person who signs the variation:

(a) the full name and address of the person; and

(b) an explanation of the person's authority to sign the variation.

(4) Unless the representative of the affected employees is an affected employee, the representative's signature is not taken to indicate that the representative intends to be bound by the agreement as varied.

2.10F Requirements for signing variations of single interest employer agreements to add employer and employees (without consent)

(1) For the purposes of subsection 216DB(3) of the Act, this regulation prescribes requirements relating to the signing of a variation of a single interest employer agreement proposed by an employee organisation that is covered by the agreement.

Note: Paragraph 216DB(2)(a) of the Act requires an application for approval of a variation of a single interest employer agreement to add an employer and employees to be accompanied by a signed copy of the variation.

(2) The variation must be signed by the employee organisation.

(3) The variation must include, for each person who signs the variation:

(a) the full name and address of the person; and

(b) an explanation of the person's authority to sign the variation.

Subdivision AE - Variation of multi-enterprise agreement to remove employer and employees

2.10G Requirements for signing variations of multi-enterprise agreements to remove employer and employees (with consent)

(1) For the purposes of subsection 216EA(4) of the Act, this regulation prescribes requirements relating to the signing of a variation of a multi-enterprise agreement made jointly under section 216E of the Act by an employer who will cease to be covered by the agreement if the variation is approved and the affected employees for the variation.

(2) The variation must be signed by the following:

(a) the employer or a person authorised by the employer to sign the variation on the employer's behalf;

(b) at least 1 representative of the affected employees.

(3) The variation must include, for each person who signs the variation:

(a) the full name and address of the person; and

(b) an explanation of the person's authority to sign the variation.