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Ambiguity or uncertainty

 

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Variation of an enterprise agreement to remove an ambiguity or uncertainty

See Fair Work Act 2009 s.217

The Fair Work Commission may vary an enterprise agreement to remove an ambiguity or uncertainty on application by any of the following:

  • one or more of the employers covered by the agreement
  • an employee covered by the agreement, or
  • a union covered by the agreement.

Link to form

Note: In response to question 1.1 on Form F1: 'Please set out the provision(s) of the Fair Work Act 2009 (or any other relevant legislation) under which you are making this application', please clearly indicate that it is an application under section 217.

All forms are available on the Forms page of the Commission's website.

If the Commission varies the enterprise agreement, the variation operates from the day specified in the decision to vary the agreement.

The Commission may deal with certain disputes about variations

See Fair Work Act s.217A

An employer or union covered by the enterprise agreement, or an affected employee for the variation, may apply for the Commission to deal with a dispute about the proposed variation if the employer and the affected employees are unable to resolve the dispute.

The Commission must not arbitrate the dispute.

Important

The provision that the Commission must not arbitrate a dispute in s.217A(3) of the Fair Work Act only applies to a dispute about a proposed variation to remove an ambiguity or uncertainty in an enterprise agreement.

The Commission can still arbitrate a dispute under the terms of an enterprise agreement, made in accordance with the dispute settling procedure under s.739 of the Fair Work Act, if the dispute settling procedure provides such power.

Link to form

Note: In response to question 1.1 on Form F1: 'Please set out the provision(s) of the Fair Work Act 2009 (or any other relevant legislation) under which you are making this application', please clearly indicate that it is an application under section 217A.

All forms are available on the Forms page of the Commission's website.

Updated time

Last updated

12 July 2021

 

 

 

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