sec.406ZRAmendment on application

### sec.406ZR Amendment on application An application to amend a negotiated agreement may be made by— if the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or if the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or otherwise—the principal contractor. The commission must approve the amendment if, and must not approve the amendment unless, satisfied— the amendment is approved as required under subsection (3) or (4) ; and the commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made. An amendment that amends the parties to the agreement must be approved by— the principal contractor; and either— for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot. Any other amendment must be approved by— for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot. In applying subsection (2) (b) — the requirement in section 406ZG (1) (d) about the agreement being agreed by all of the parties is taken to be satisfied; and section 406ZF (3) and (4) is to be disregarded. The amendment takes effect when the commission’s approval takes effect. s 406ZR ins 2022 No. 27 s 66 (sec.406ZR-ssec.1) An application to amend a negotiated agreement may be made by— if the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or if the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or otherwise—the principal contractor. (sec.406ZR-ssec.2) The commission must approve the amendment if, and must not approve the amendment unless, satisfied— the amendment is approved as required under subsection (3) or (4) ; and the commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made. (sec.406ZR-ssec.3) An amendment that amends the parties to the agreement must be approved by— the principal contractor; and either— for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot. (sec.406ZR-ssec.4) Any other amendment must be approved by— for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot. (sec.406ZR-ssec.5) In applying subsection (2) (b) — the requirement in section 406ZG (1) (d) about the agreement being agreed by all of the parties is taken to be satisfied; and section 406ZF (3) and (4) is to be disregarded. (sec.406ZR-ssec.6) The amendment takes effect when the commission’s approval takes effect. - (a) if the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or - (b) if the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or - (c) otherwise—the principal contractor. - (a) the amendment is approved as required under subsection (3) or (4) ; and - (b) the commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made. - (a) the principal contractor; and - (b) either— (i) for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or (ii) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot. - (i) for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or - (ii) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot. - (i) for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or - (ii) for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot. - (a) for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or - (b) otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot. - (a) the requirement in section 406ZG (1) (d) about the agreement being agreed by all of the parties is taken to be satisfied; and - (b) section 406ZF (3) and (4) is to be disregarded.