sec.171Proposed bargaining instrument to be given to employees for approval

### sec.171 Proposed bargaining instrument to be given to employees for approval This section applies if, during negotiations under this chapter, the negotiating parties propose to— make a certified agreement, other than an excluded instrument; or seek the making of a bargaining award. The employer must take reasonable steps to ensure— each relevant employee has, or has ready access to, the proposed bargaining instrument or a copy of the proposed instrument at least 14 days before the day the relevant employees are asked to approve the proposed instrument; and the terms of the proposed instrument, including the procedures for preventing and settling disputes, and the effect of the terms are explained to each relevant employee before approval is given; and for an agreement with employees—each relevant employee is informed that the employee may ask a relevant employee organisation of which the employee is a member to represent the employee in negotiating with the employer about the agreement. See section 242 in relation to certificates about requested representation. The employer must not ask relevant employees to approve the proposed instrument until 21 days after the later of the following— the day the notice of intention for the negotiations was given; the day a scope order in relation to the proposed instrument came into effect. If a relevant employee asks a relevant employee organisation of which the employee is a member to represent the employee, the employer must give the organisation a reasonable opportunity to represent the employee in negotiating with the employer about the proposed instrument before— for a proposed agreement—the agreement is made; or for a proposed bargaining award—an application is made under part 5 for the making of the bargaining award. Subsection (4) stops applying if, after the request is made— the relevant employee withdraws the request; or the employee stops being a relevant employee. If the proposed instrument is amended for any reason, the steps in subsections (2) and (3) must be taken again for the instrument as amended. If the proposed instrument is amended only by adding an employer (a new employer ) as a party, the steps need only be taken in relation to the new employer’s employees. However, the steps need not be taken if the commission is satisfied the proposed bargaining instrument was amended only— for a formal or clerical reason; or in another way that does not adversely affect a relevant employee’s interests. In this section— excluded instrument means— a certified agreement to be made with an employee organisation for employees proposed to be employed in a new business; or a project agreement to be made before the project commences. (sec.171-ssec.1) This section applies if, during negotiations under this chapter, the negotiating parties propose to— make a certified agreement, other than an excluded instrument; or seek the making of a bargaining award. (sec.171-ssec.2) The employer must take reasonable steps to ensure— each relevant employee has, or has ready access to, the proposed bargaining instrument or a copy of the proposed instrument at least 14 days before the day the relevant employees are asked to approve the proposed instrument; and the terms of the proposed instrument, including the procedures for preventing and settling disputes, and the effect of the terms are explained to each relevant employee before approval is given; and for an agreement with employees—each relevant employee is informed that the employee may ask a relevant employee organisation of which the employee is a member to represent the employee in negotiating with the employer about the agreement. See section 242 in relation to certificates about requested representation. (sec.171-ssec.3) The employer must not ask relevant employees to approve the proposed instrument until 21 days after the later of the following— the day the notice of intention for the negotiations was given; the day a scope order in relation to the proposed instrument came into effect. (sec.171-ssec.4) If a relevant employee asks a relevant employee organisation of which the employee is a member to represent the employee, the employer must give the organisation a reasonable opportunity to represent the employee in negotiating with the employer about the proposed instrument before— for a proposed agreement—the agreement is made; or for a proposed bargaining award—an application is made under part 5 for the making of the bargaining award. (sec.171-ssec.5) Subsection (4) stops applying if, after the request is made— the relevant employee withdraws the request; or the employee stops being a relevant employee. (sec.171-ssec.6) If the proposed instrument is amended for any reason, the steps in subsections (2) and (3) must be taken again for the instrument as amended. (sec.171-ssec.7) If the proposed instrument is amended only by adding an employer (a new employer ) as a party, the steps need only be taken in relation to the new employer’s employees. (sec.171-ssec.8) However, the steps need not be taken if the commission is satisfied the proposed bargaining instrument was amended only— for a formal or clerical reason; or in another way that does not adversely affect a relevant employee’s interests. (sec.171-ssec.9) In this section— excluded instrument means— a certified agreement to be made with an employee organisation for employees proposed to be employed in a new business; or a project agreement to be made before the project commences. - (a) make a certified agreement, other than an excluded instrument; or - (b) seek the making of a bargaining award. - (a) each relevant employee has, or has ready access to, the proposed bargaining instrument or a copy of the proposed instrument at least 14 days before the day the relevant employees are asked to approve the proposed instrument; and - (b) the terms of the proposed instrument, including the procedures for preventing and settling disputes, and the effect of the terms are explained to each relevant employee before approval is given; and - (c) for an agreement with employees—each relevant employee is informed that the employee may ask a relevant employee organisation of which the employee is a member to represent the employee in negotiating with the employer about the agreement. - (a) the day the notice of intention for the negotiations was given; - (b) the day a scope order in relation to the proposed instrument came into effect. - (a) for a proposed agreement—the agreement is made; or - (b) for a proposed bargaining award—an application is made under part 5 for the making of the bargaining award. - (a) the relevant employee withdraws the request; or - (b) the employee stops being a relevant employee. - (a) for a formal or clerical reason; or - (b) in another way that does not adversely affect a relevant employee’s interests. - (a) a certified agreement to be made with an employee organisation for employees proposed to be employed in a new business; or - (b) a project agreement to be made before the project commences.