195AMeaning of objectionable emergency management term

195A Meaning of objectionable emergency management term

Objectionable emergency management term

(1) A term of an enterprise agreement is an objectionable emergency management term if an employer covered by the agreement is a designated emergency management body and the term has, or is likely to have, the effect of:

(a) restricting or limiting the body’s ability to do any of the following:

(i) engage or deploy its volunteers;

(ii) provide support or equipment to those volunteers;

(iii) manage its relationship with, or work with, any recognised emergency management body in relation to those volunteers;

(iv) otherwise manage its operations in relation to those volunteers; or

(b) requiring the body to consult, or reach agreement with, any other person or body before taking any action for the purposes of doing anything mentioned in subparagraph (a)(i), (ii), (iii) or (iv); or

(c) restricting or limiting the body’s ability to recognise, value, respect or promote the contribution of its volunteers to the well‑being and safety of the community; or

(d) requiring or permitting the body to act other than in accordance with a law of a State or Territory, so far as the law confers or imposes on the body a power, function or duty that affects or could affect its volunteers.

(2) However, a term of an enterprise agreement is not an objectionable emergency management term if:

(a) both of the following apply:

(i) the term provides for the matters required by subsections 205(1) and (1A) (which deal with terms about consultation in enterprise agreements);

(ii) the term does not provide for any other matter that has, or is likely to have, the effect referred to in paragraph (1)(a), (b), (c) or (d) of this section; or

(b) the term is the model consultation term.

(3) Paragraphs (1)(a), (b), (c) and (d) do not limit each other.

Meaning of designated emergency management body

(4) A body is a designated emergency management body if:

(a) either:

(i) the body is, or is a part of, a fire‑fighting body or a State Emergency Service of a State or Territory (however described); or

(ii) the body is a recognised emergency management body that is prescribed by the regulations for the purposes of this subparagraph; and

(b) the body is, or is a part of a body that is, established for a public purpose by or under a law of the Commonwealth, a State or a Territory.

(5) However, a body is not a designated emergency management body if the body is, or is a part of a body that is, prescribed by the regulations for the purposes of this subsection.