sec.406ZLRefusal to grant application—generally

### sec.406ZL Refusal to grant application—generally The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if the commission considers— a provision of the agreement— is inconsistent with an equal remuneration order; or seeks to prohibit or restrict an application being made for an equal remuneration order; or a provision of the agreement is an objectionable term; or a provision of the agreement is discriminatory. For subsection (1) (c) , a provision of the agreement is not discriminatory only because it provides for minimum remuneration for— all independent couriers under 21 years; or all independent couriers with disability; or a class of independent couriers mentioned in paragraph (a) or (b) . The commission has jurisdiction to make an equal remuneration order in relation to the agreement. Chapter 5 , part 3 and chapter 8 , part 1 are applied provisions for this section. See section 406ZZF about interpreting an applied provision. In this section— equal remuneration order means an order made under chapter 5 , part 3 . objectionable term means a term that permits, or has the effect of permitting, or purports to permit or have the effect of permitting— a contravention of chapter 8 , part 1 ; or the payment of a bargaining services fee within the meaning of section 298 . permit includes require. s 406ZL ins 2022 No. 27 s 66 (sec.406ZL-ssec.1) The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if the commission considers— a provision of the agreement— is inconsistent with an equal remuneration order; or seeks to prohibit or restrict an application being made for an equal remuneration order; or a provision of the agreement is an objectionable term; or a provision of the agreement is discriminatory. (sec.406ZL-ssec.2) For subsection (1) (c) , a provision of the agreement is not discriminatory only because it provides for minimum remuneration for— all independent couriers under 21 years; or all independent couriers with disability; or a class of independent couriers mentioned in paragraph (a) or (b) . (sec.406ZL-ssec.3) The commission has jurisdiction to make an equal remuneration order in relation to the agreement. (sec.406ZL-ssec.4) Chapter 5 , part 3 and chapter 8 , part 1 are applied provisions for this section. See section 406ZZF about interpreting an applied provision. (sec.406ZL-ssec.5) In this section— equal remuneration order means an order made under chapter 5 , part 3 . objectionable term means a term that permits, or has the effect of permitting, or purports to permit or have the effect of permitting— a contravention of chapter 8 , part 1 ; or the payment of a bargaining services fee within the meaning of section 298 . permit includes require. - (a) a provision of the agreement— (i) is inconsistent with an equal remuneration order; or (ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or - (i) is inconsistent with an equal remuneration order; or - (ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or - (b) a provision of the agreement is an objectionable term; or - (c) a provision of the agreement is discriminatory. - (i) is inconsistent with an equal remuneration order; or - (ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or - (a) all independent couriers under 21 years; or - (b) all independent couriers with disability; or - (c) a class of independent couriers mentioned in paragraph (a) or (b) . - (a) a contravention of chapter 8 , part 1 ; or - (b) the payment of a bargaining services fee within the meaning of section 298 .