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Section : Requirements relating to the safety net etc.
Domain : Human Resource Management
Classification : Not Identified
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(2) FWA must be satisfied that: (a) if the agreement is not a greenfields agreement-the agreement has been genuinely agreed to by the employees covered by the agreement; and (b) if the agreement is a multi-enterprise agreement: (i) the agreement has been genuinely agreed to by each employer covered by the agreement; and (ii) no person coerced, or threatened to coerce, any of the employers to make the agreement; and (c) the terms of the agreement do not contravene section 55 (which deals with the interaction between the National Employment Standards and enterprise agreements etc.); and (d) the agreement passes the better off overall test. Note 1: For when an enterprise agreement has been genuinely agreed to by employees, see section 188. Note 2: FWA may approve an enterprise agreement that does not pass the better off overall test if approval would not be contrary to the public interest (see section 189). Note 3: The terms of an enterprise agreement may supplement the National Employment Standards (see paragraph 55(4)(b)). Chapter 2 Terms and conditions of employment Part 2-4 Enterprise agreements Division 4 Approval of enterprise agreements