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Terms and conditions of employmentChapter 2 Enterprise agreementsPart 2-4 Approval of enterprise agreementsDivision 4

Regulation2.06AA

Division 4—Approval of enterprise agreements

2.06AA Disclosure of benefits by organisations and employers—requirements for documents

Disclosure by organisations that are bargaining representatives

(1) For the purposes of paragraph 179(4)(d) of the Act, the document must:

(a) set out the following for each section 179 disclosable benefit:

(i) the name of the person who will or can reasonably be expected to provide the benefit (if known by the organisation);

(ii) if it is not reasonably practicable to describe the amount of the benefit—the basis on which the amount is or will be determined; and

(b) be in the form set out in Schedule 2.1A.

Disclosure by employers

(2) For the purposes of paragraph 179A(3)(d) of the Act, the document must:

(a) set out the following for each section 179A disclosable benefit:

(i) the name of the person who will or can reasonably be expected to provide the benefit (if known by the employer);

(ii) if it is not reasonably practicable to describe the amount of the benefit—the basis on which the amount is or will be determined; and

(b) be in the form set out in Schedule 2.1A.

Note: Strict compliance with the form is not required and substantial compliance is sufficient: see section 25C of the Acts Interpretation Act 1901 (as in force on 25 June 2009).

2.06ABargaining representative must apply for FWC approval of an enterprise agreement—requirements for signing agreement

(1) For subsection 185(5) of the Act, this regulation prescribes the requirements for the signing of an enterprise agreement.

(2) For paragraph 185(2)(a) of the Act, a copy of an enterprise agreement is a signed copy only if:

(a) it is signed by:

(i) the employer covered by the agreement; and

(ii) at least 1 representative of the employees covered by the agreement;

and

(b) it includes:

(i) the full name and address of each person who signs the agreement; and

(ii) an explanation of the person's authority to sign the agreement.

Note: Paragraph 185(2)(a) of the Act requires an application for approval of an enterprise agreement to be accompanied by a signed copy of the agreement.

21

Registered: 19/10/2021

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

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