QLDIn ForceAct
Industrial Relations Act 2016
sec.406ZRAmendment on application
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### 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.