LexisNexis Practical Guidance®
Straightforward guidance across a range of topics

Genuine agreement

Another important approval requirement is that the agreement has been genuinely agreed to by the employees covered by it: ss 186(2)(a). This requires consideration of whether:

  • the employer(s) covered by the agreement have complied with the pre-approval requirements in ss 180(2), (3) and (5), and s 181(2)
  • the agreement was made with the requisite majority for approving a single or multi-enterprise agreement; and
  • there are no other reasonable grounds for believing that the agreement has not been genuinely agreed to by the employees.
  • See Genuine agreement.