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FAIR WORK ACT 2009 - SECT 179

Disclosure by organisations that are bargaining representatives

             (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 no later than the end of the fourth day of the access period referred to in subsection 180(4) 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.



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