QLDIn ForceAct
Industrial Relations Act 2016
sec.210When proposed bargaining instrument passes the no-disadvantage test
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### sec.210 When proposed bargaining instrument passes the no-disadvantage test
A proposed bargaining instrument passes the no-disadvantage test if the instrument does not disadvantage employees in relation to the employees’ employment conditions.
A proposed bargaining instrument disadvantages employees only if the commission considers the proposed bargaining instrument would result in a reduction in the employees’ entitlements or protections.
Subsection (2) applies subject to sections 211 and 212 .
Subsection (2) does not apply if the commission considers that, in the context of the employment conditions considered as a whole, the reduction is not against the public interest.
If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed bargaining instrument with the employees’ entitlements or protections.
In this section—
entitlements or protections means the entitlements or protections under—
a relevant award, designated award, or order under chapter 2 , part 5 ; or
chapter 2 , part 3 .
(sec.210-ssec.1) A proposed bargaining instrument passes the no-disadvantage test if the instrument does not disadvantage employees in relation to the employees’ employment conditions.
(sec.210-ssec.2) A proposed bargaining instrument disadvantages employees only if the commission considers the proposed bargaining instrument would result in a reduction in the employees’ entitlements or protections.
(sec.210-ssec.3) Subsection (2) applies subject to sections 211 and 212 .
(sec.210-ssec.4) Subsection (2) does not apply if the commission considers that, in the context of the employment conditions considered as a whole, the reduction is not against the public interest.
(sec.210-ssec.5) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed bargaining instrument with the employees’ entitlements or protections.
(sec.210-ssec.6) In this section— entitlements or protections means the entitlements or protections under— a relevant award, designated award, or order under chapter 2 , part 5 ; or chapter 2 , part 3 .
- (a) a relevant award, designated award, or order under chapter 2 , part 5 ; or
- (b) chapter 2 , part 3 .