Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 179

  (1)   If:

  (a)   an organisation is a bargaining representative for a proposed enterprise agreement that is not a greenfields agreement; and

  (b)   the organisation is not an employer that will be covered by the agreement; and

  (c)   as a direct or indirect consequence of the operation of one or more terms of the agreement (the beneficial terms ), the organisation or a person mentioned in subsection   (2) will, or can reasonably be expected to, receive or obtain (directly or indirectly) a section   179 disclosable benefit (each such person is a beneficiary );

the organisation must take all reasonable steps to ensure that, in the time required by subsection   (3), each employer that will be covered by the agreement is given a document in accordance with subsection   (4).

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (2)   For the purposes of paragraph   (1)(c), the persons are any of the following:

  (a)   a related party of the organisation (other than a related party prescribed by the regulations);

  (b)   a person or body prescribed by the regulations for the purposes of this paragraph.

  (3)   The document must be given to the employers a reasonable time before the voting process referred to in subsection   181(1) starts for the agreement.

  (4)   The document must:

  (a)   itemise the beneficial terms; and

  (b)   describe the nature and (as far as reasonably practicable) amount of each section   179 disclosable benefit in relation to each beneficiary; and

  (c)   name each beneficiary; and

  (d)   be in accordance with any other requirements prescribed by the regulations for the purposes of this paragraph; and

  (e)   be given in a manner (if any) prescribed by the regulations.

  (5)   An organisation that gives a document under subsection   (1) must not knowingly or recklessly make a false or misleading representation in the document.

Note:   This subsection is a civil remedy provision (see Part   4 - 1).

  (6)   A section   179 disclosable benefit is any financial benefit, other than a financial benefit that is:

  (a)   payable to an individual as an employee covered by the agreement; or

  (b)   payment of a membership fee for membership of an organisation; or

  (c)   prescribed by the regulations for the purposes of this paragraph.