sec.209Employees covered by the proposed bargaining instrument

### sec.209 Employees covered by the proposed bargaining instrument The commission must refuse to grant a part 5 application if— the proposed bargaining instrument applies only to a group or category of employees; and the commission considers the instrument defines the group or category in a way that results in other employees not being covered by the instrument, if it would be reasonable for the other employees to be covered by the instrument; and the commission considers it unfair the other employees are not covered by the instrument. For subsection (1) (b) , in deciding whether it would be reasonable for the other employees to be covered by the proposed bargaining instrument, the commission must consider— the nature of the work performed by the other employees; and the organisational and operational relationships between the group or category and the other employees. (sec.209-ssec.1) The commission must refuse to grant a part 5 application if— the proposed bargaining instrument applies only to a group or category of employees; and the commission considers the instrument defines the group or category in a way that results in other employees not being covered by the instrument, if it would be reasonable for the other employees to be covered by the instrument; and the commission considers it unfair the other employees are not covered by the instrument. (sec.209-ssec.2) For subsection (1) (b) , in deciding whether it would be reasonable for the other employees to be covered by the proposed bargaining instrument, the commission must consider— the nature of the work performed by the other employees; and the organisational and operational relationships between the group or category and the other employees. - (a) the proposed bargaining instrument applies only to a group or category of employees; and - (b) the commission considers the instrument defines the group or category in a way that results in other employees not being covered by the instrument, if it would be reasonable for the other employees to be covered by the instrument; and - (c) the commission considers it unfair the other employees are not covered by the instrument. - (a) the nature of the work performed by the other employees; and - (b) the organisational and operational relationships between the group or category and the other employees.