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FAIR WORK ACT 2009 - SECT 179A

Disclosure by employers

             (1)  If:

                     (a)  an employer will be covered by a proposed enterprise agreement that is not a greenfields agreement; and

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

the employer must prepare a document in accordance with subsection (3).

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

                     (a)  an associated entity of the employer (other than an associated entity prescribed by the regulations);

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

             (3)  The document must:

                     (a)  itemise the beneficial terms; and

                     (b)  describe the nature and (as far as reasonably practicable) amount of each section 179A 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.

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

                     (a)  received or obtained in the ordinary course of the employer's business; or

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



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