Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 178A

Revocation of appointment of bargaining representatives etc.

             (1)  The appointment of a bargaining representative for an enterprise agreement may be revoked by written instrument.

             (2)  If a person would, apart from this subsection, be a bargaining representative of an employee for an enterprise agreement because of the operation of paragraph 176(1)(b) or subsection 176(2) (which deal with employee organisations), the employee may, by written instrument, revoke the person's status as the employee's bargaining representative for the agreement.

             (3)  A copy of an instrument under subsection (1) or (2):

                     (a)  for an instrument made by an employee who will be covered by the agreement--must be given to the employee's employer; and

                     (b)  for an instrument made by an employer that will be covered by a proposed enterprise agreement, other than a single-enterprise agreement that is a greenfields agreement--must be given to the bargaining representative and, on request, to a bargaining representative of an employee who will be covered by the agreement.

          (3A)  A copy of an instrument under subsection (1) made by an employer that will be covered by a proposed single-enterprise agreement that is a greenfields agreement must be given to the bargaining representative and, on request, to an employee organisation that is a bargaining representative for the agreement.

             (4)  The regulations may prescribe matters relating to the content or form of the instrument of revocation, or the manner in which the copy of the instrument may be given.



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