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Chapter 2Terms and conditions of employment Part 2-4Enterprise agreements

Division 4Approval of enterprise agreements

Regulation2.07

(3) Unless the representative of the employees covered by the agreement is an employee in a class of employees who will be bound by the agreement, the representative's signature is not taken to indicate that the representative intends to be bound by the agreement.

2.07FWC may approve an enterprise agreement with undertakings— requirements for signing undertaking

For subsection 190(5) of the Act, an undertaking relating to a an enterprise agreement must be signed by each employer who gives the undertaking.

2.08Model flexibility term for enterprise agreement

For subsection 202(5) of the Act, the model flexibility term for enterprise agreements is set out in Schedule 2.2.

2.09Model consultation term for enterprise agreement

For subsection 205(3) of the Act, the model consultation term is set out in Schedule 2.3.

2.09ARequirements for signing variation of enterprise agreement

(1) For subsection 210(4) of the Act, this regulation prescribes the requirements for the signing of a variation to an enterprise agreement.

(2) For paragraph 210(2)(a) of the Act, a copy of a variation to an enterprise agreement is a signed copy only if:

(a) it is signed by:

(i) the employer covered by the agreement as varied; and

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

(b) it includes:

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

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

Note: Paragraph 210(2)(a) of the Act requires an application for approval of a variation to an enterprise agreement to be accompanied by a signed copy of the variation.

(3) Unless the representative of the employees covered by the agreement as varied is an employee in a class of employees who will be bound by the agreement as varied, the representative's signature is not taken to indicate that the representative intends to be bound by the agreement as varied.

2.10FWC may approve variation of enterprise agreement with undertaking— requirements for signing undertaking for variation

For subsection 212(4) of the Act, an undertaking relating to the variation of an enterprise agreement must be signed by each employer who gives the undertaking.

22

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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