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Industrial Relations Act 2016
sec.298Bargaining services fees
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### sec.298 Bargaining services fees
An industrial organisation, or an officer or member of an industrial organisation, must not demand payment of a bargaining services fee from any person.
This subsection is a civil penalty provision.
Subsection (1) does not apply if the bargaining services fee is payable to the industrial organisation under a contract for the provision of bargaining services.
In this section—
bargaining services means services provided by, or for, an industrial organisation in relation to a bargaining instrument or proposed bargaining instrument, including in relation to bargaining for, or certifying, making, amending or terminating, the bargaining instrument or proposed bargaining instrument.
bargaining services fee —
means a fee (however described) payable to—
an industrial organisation; or
someone instead of an industrial organisation; but
does not include a membership fee.
demand includes—
purport to demand; and
do anything that would—
have the effect of demanding; or
purport to have the effect of demanding.
s 298 amd 2022 No. 27 s 3 sch 1
(sec.298-ssec.1) An industrial organisation, or an officer or member of an industrial organisation, must not demand payment of a bargaining services fee from any person. This subsection is a civil penalty provision.
(sec.298-ssec.2) Subsection (1) does not apply if the bargaining services fee is payable to the industrial organisation under a contract for the provision of bargaining services.
(sec.298-ssec.3) In this section— bargaining services means services provided by, or for, an industrial organisation in relation to a bargaining instrument or proposed bargaining instrument, including in relation to bargaining for, or certifying, making, amending or terminating, the bargaining instrument or proposed bargaining instrument. bargaining services fee — means a fee (however described) payable to— an industrial organisation; or someone instead of an industrial organisation; but does not include a membership fee. demand includes— purport to demand; and do anything that would— have the effect of demanding; or purport to have the effect of demanding.
- (a) means a fee (however described) payable to— (i) an industrial organisation; or (ii) someone instead of an industrial organisation; but
- (i) an industrial organisation; or
- (ii) someone instead of an industrial organisation; but
- (b) does not include a membership fee.
- (i) an industrial organisation; or
- (ii) someone instead of an industrial organisation; but
- (a) purport to demand; and
- (b) do anything that would— (i) have the effect of demanding; or (ii) purport to have the effect of demanding.
- (i) have the effect of demanding; or
- (ii) purport to have the effect of demanding.
- (i) have the effect of demanding; or
- (ii) purport to have the effect of demanding.