353Bargaining services fees

353 Bargaining services fees

(1) An industrial association, or an officer or member of an industrial association, must not:

(a) demand; or

(b) purport to demand; or

(c) do anything that would:

(i) have the effect of demanding; or

(ii) purport to have the effect of demanding;

payment of a bargaining services fee.

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

(2) A bargaining services fee is a fee (however described) payable:

(a) to an industrial association; or

(b) to someone in lieu of an industrial association;

wholly or partly for the provision, or purported provision, of bargaining services, but does not include membership fees.

(3) Bargaining services are services provided by, or on behalf of, an industrial association in relation to an enterprise agreement, or a proposed enterprise agreement (including in relation to bargaining for, or the making, approval, operation, variation or termination of, the enterprise agreement, or proposed enterprise agreement).

Exception for fees payable under contract

(4) Subsection (1) does not apply if the fee is payable to the industrial association under a contract for the provision of bargaining services.