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Schedule 2—Procedural requirements in enterprise bargaining

Schedule 2 Procedural requirements in enterprise bargaining

   

Fair Work Act 2009

1  Section 188

Before “An enterprise”, insert “(1)”.

2  At the end of section 188

Add:

             (2)  An enterprise agreement has also been genuinely agreed to by the employees covered by the agreement if the FWC is satisfied that:

                     (a)  the agreement would have been genuinely agreed to within the meaning of subsection (1) but for minor procedural or technical errors made in relation to the requirements mentioned in paragraph (1)(a) or (b), or the requirements of sections 173 and 174 relating to a notice of employee representational rights; and

                     (b)  the employees covered by the agreement were not likely to have been disadvantaged by the errors, in relation to the requirements mentioned in paragraph (1)(a) or (b) or the requirements of sections 173 and 174.