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Industrial Relations Act 2016
sec.406IWho a contract instrument covers
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### sec.406I Who a contract instrument covers
This section applies in relation to a contract instrument that is in operation.
A contract instrument covers a principal contractor, independent courier, organisation or federal organisation if—
the instrument states that it covers (however described) the principal contractor, independent courier, organisation or federal organisation; or
this Act, or an order made under this Act, has the effect that the instrument covers the principal contractor, independent courier, organisation or federal organisation.
However, a contract instrument does not cover a principal contractor, independent courier, organisation or federal organisation if another provision of this Act, or an order made under this Act, provides or has the effect that the instrument does not cover the principal contractor, independent courier, organisation or federal organisation.
A negotiated agreement also covers an employee organisation or federal organisation of employees if—
the agreement is made with the organisation or federal organisation; or
a decision of the commission certifying the agreement states that the agreement covers the organisation or federal organisation.
A negotiated agreement to which a group of independent couriers is a party covers all of the independent couriers in the group, including independent couriers who enter a courier service contract with the principal contractor after the negotiated agreement is made.
A reference in this Act to a contract instrument covering an independent courier is a reference to the instrument covering the independent courier in relation to a particular class of courier service contracts.
s 406I ins 2022 No. 27 s 66
(sec.406I-ssec.1) This section applies in relation to a contract instrument that is in operation.
(sec.406I-ssec.2) A contract instrument covers a principal contractor, independent courier, organisation or federal organisation if— the instrument states that it covers (however described) the principal contractor, independent courier, organisation or federal organisation; or this Act, or an order made under this Act, has the effect that the instrument covers the principal contractor, independent courier, organisation or federal organisation.
(sec.406I-ssec.3) However, a contract instrument does not cover a principal contractor, independent courier, organisation or federal organisation if another provision of this Act, or an order made under this Act, provides or has the effect that the instrument does not cover the principal contractor, independent courier, organisation or federal organisation.
(sec.406I-ssec.4) A negotiated agreement also covers an employee organisation or federal organisation of employees if— the agreement is made with the organisation or federal organisation; or a decision of the commission certifying the agreement states that the agreement covers the organisation or federal organisation.
(sec.406I-ssec.5) A negotiated agreement to which a group of independent couriers is a party covers all of the independent couriers in the group, including independent couriers who enter a courier service contract with the principal contractor after the negotiated agreement is made.
(sec.406I-ssec.6) A reference in this Act to a contract instrument covering an independent courier is a reference to the instrument covering the independent courier in relation to a particular class of courier service contracts.
- (a) the instrument states that it covers (however described) the principal contractor, independent courier, organisation or federal organisation; or
- (b) this Act, or an order made under this Act, has the effect that the instrument covers the principal contractor, independent courier, organisation or federal organisation.
- (a) the agreement is made with the organisation or federal organisation; or
- (b) a decision of the commission certifying the agreement states that the agreement covers the organisation or federal organisation.