Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SECT 176

Bargaining representatives for proposed enterprise agreements that are not greenfields agreements

Bargaining representatives

             (1)  The following paragraphs set out the persons who are bargaining representatives for a proposed enterprise agreement that is not a greenfields agreement:

                     (a)  an employer that will be covered by the agreement is a bargaining representative for the agreement;

                     (b)  an employee organisation is a bargaining representative of an employee who will be covered by the agreement if:

                              (i)  the employee is a member of the organisation; and

                             (ii)  in the case where the agreement is a multi-enterprise agreement in relation to which a low-paid authorisation is in operation--the organisation applied for the authorisation;

                            unless the employee has appointed another person under paragraph (c) as his or her bargaining representative for the agreement, or has revoked the status of the organisation as his or her bargaining representative for the agreement under subsection 178A(2); or

                     (c)  a person is a bargaining representative of an employee who will be covered by the agreement if the employee appoints, in writing, the person as his or her bargaining representative for the agreement;

                     (d)  a person is a bargaining representative of an employer that will be covered by the agreement if the employer appoints, in writing, the person as his or her bargaining representative for the agreement.

Bargaining representatives for a proposed multi-enterprise agreement if a low-paid authorisation is in operation

             (2)  If:

                     (a)  the proposed enterprise agreement is a multi-enterprise agreement in relation to which a low-paid authorisation is in operation; and

                     (b)  an employee organisation applied for the authorisation; and

                     (c)  but for this subsection, the organisation would not be a bargaining representative of an employee who will be covered by the agreement;

the organisation is taken to be a bargaining representative of such an employee unless:

                     (d)  the employee is a member of another employee organisation that also applied for the authorisation; or

                     (e)  the employee has appointed another person under paragraph (1)(c) as his or her bargaining representative for the agreement; or

                      (f)  the employee has revoked the status of the organisation as his or her bargaining representative for the agreement under subsection 178A(2).

             (3)  Despite subsections (1) and (2):

                     (a)  an employee organisation; or

                     (b)  an official of an employee organisation (whether acting in that capacity or otherwise);

cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement.

Employee may appoint himself or herself

             (4)  To avoid doubt and despite subsection (3), an employee who will be covered by the agreement may appoint, under paragraph (1)(c), himself or herself as his or her bargaining representative for the agreement.

Note:          Section 228 sets out the good faith bargaining requirements. Applications may be made for bargaining orders that require bargaining representatives to meet the good faith bargaining requirements (see section 229).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback