QLDIn ForceAct
Industrial Relations Act 2016
sec.406ZLRefusal to grant application—generally
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### 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 .