sec.406ZINo-disadvantage test

### sec.406ZI No-disadvantage test The commission must be satisfied the proposed negotiated agreement does not disadvantage independent couriers in relation to their working conditions. The agreement disadvantages independent couriers only if the commission considers the agreement would result in— a reduction in the independent couriers’ entitlements and protections under— a relevant contract determination; or a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or remuneration and working conditions that— are not fair and just; or are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. See section 406F for the matters the commission must consider in exercising its powers under this chapter in relation to a contract instrument. Subsection (2) does not apply if the commission considers that, in the context of the remuneration and working conditions as a whole, the reduction or less favourable conditions are 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 negotiated agreement with— a relevant contract determination; or a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. s 406ZI ins 2022 No. 27 s 66 (sec.406ZI-ssec.1) The commission must be satisfied the proposed negotiated agreement does not disadvantage independent couriers in relation to their working conditions. (sec.406ZI-ssec.2) The agreement disadvantages independent couriers only if the commission considers the agreement would result in— a reduction in the independent couriers’ entitlements and protections under— a relevant contract determination; or a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or remuneration and working conditions that— are not fair and just; or are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. See section 406F for the matters the commission must consider in exercising its powers under this chapter in relation to a contract instrument. (sec.406ZI-ssec.3) Subsection (2) does not apply if the commission considers that, in the context of the remuneration and working conditions as a whole, the reduction or less favourable conditions are not against the public interest. (sec.406ZI-ssec.4) If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed negotiated agreement with— a relevant contract determination; or a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. - (a) a reduction in the independent couriers’ entitlements and protections under— (i) a relevant contract determination; or (ii) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or - (i) a relevant contract determination; or - (ii) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or - (b) remuneration and working conditions that— (i) are not fair and just; or (ii) are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. - (i) are not fair and just; or - (ii) are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. - (i) a relevant contract determination; or - (ii) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or - (i) are not fair and just; or - (ii) are less favourable than the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work. - (a) a relevant contract determination; or - (b) a contract determination decided by the commission under section 406ZJ (3) for the proposed agreement; or - (c) the remuneration and working conditions an employee would receive under an industrial instrument or this Act for performing similar work.