Fairly chosen requirement

Among other requirements, the FWC must also be satisfied that the group of employees covered by the agreement was fairly chosen: s 186(3).

An agreement which covers all of the employees of the employer(s) will plainly satisfy the fairly chosen requirement. If coverage does not extend to all of the employees in an enterprise, the FWC will consider, among other relevant considerations, whether the group of employees covered by the agreement is s 186(3A):

• • geographically,
• • operationally, or
• • organisationally distinct.

See Fairly chosen requirement.