sec.406ZNRefusal to grant application—independent couriers covered by proposed negotiated agreement

### sec.406ZN Refusal to grant application—independent couriers covered by proposed negotiated agreement The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if— the agreement applies only to a group or category of independent couriers engaged by a principal contractor; and the commission considers— the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and it is unfair that the other independent couriers are not covered by the proposed negotiated agreement. For subsection (1) (b) (ii) , in deciding whether it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement, the commission must consider— the nature of the work performed by the other independent couriers; and the geographical, organisational and operational relationship between the group or category and the other independent couriers. s 406ZN ins 2022 No. 27 s 66 (sec.406ZN-ssec.1) The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if— the agreement applies only to a group or category of independent couriers engaged by a principal contractor; and the commission considers— the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and it is unfair that the other independent couriers are not covered by the proposed negotiated agreement. (sec.406ZN-ssec.2) For subsection (1) (b) (ii) , in deciding whether it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement, the commission must consider— the nature of the work performed by the other independent couriers; and the geographical, organisational and operational relationship between the group or category and the other independent couriers. - (a) the agreement applies only to a group or category of independent couriers engaged by a principal contractor; and - (b) the commission considers— (i) the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and (ii) it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and (iii) it is unfair that the other independent couriers are not covered by the proposed negotiated agreement. - (i) the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and - (ii) it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and - (iii) it is unfair that the other independent couriers are not covered by the proposed negotiated agreement. - (i) the agreement defines the group or category in a way that results in other independent couriers not being covered by the proposed negotiated agreement; and - (ii) it would be reasonable for the other independent couriers to be covered by the proposed negotiated agreement; and - (iii) it is unfair that the other independent couriers are not covered by the proposed negotiated agreement. - (a) the nature of the work performed by the other independent couriers; and - (b) the geographical, organisational and operational relationship between the group or category and the other independent couriers.