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Industrial Relations Act 2016
sec.200Agreements—requirements about parties
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### sec.200 Agreements—requirements about parties
The commission must be satisfied—
for a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170 (2) , and that has not withdrawn as a party under section 172 (3) , is a party to the agreement; or
for an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or
for an agreement for a new business—
the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and
the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.
Subsection (1) (b) does not apply if the commission is satisfied a relevant employee organisation—
has been given the opportunity to be a party to the agreement, but does not want to be a party; or
has no members who are to be covered by the agreement.
(sec.200-ssec.1) The commission must be satisfied— for a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170 (2) , and that has not withdrawn as a party under section 172 (3) , is a party to the agreement; or for an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or for an agreement for a new business— the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.
(sec.200-ssec.2) Subsection (1) (b) does not apply if the commission is satisfied a relevant employee organisation— has been given the opportunity to be a party to the agreement, but does not want to be a party; or has no members who are to be covered by the agreement.
- (a) for a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170 (2) , and that has not withdrawn as a party under section 172 (3) , is a party to the agreement; or
- (b) for an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or
- (c) for an agreement for a new business— (i) the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and (ii) the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.
- (i) the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and
- (ii) the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.
- (i) the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and
- (ii) the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.
- (a) has been given the opportunity to be a party to the agreement, but does not want to be a party; or
- (b) has no members who are to be covered by the agreement.