QLDIn ForceAct
Industrial Relations Act 2016
sec.406ZTTermination after nominal expiry date
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### sec.406ZT Termination after nominal expiry date
After the nominal expiry date of a negotiated agreement, the following persons may apply to the commission to terminate the agreement—
the principal contractor;
an employer organisation or federal organisation of employers the agreement applies to, if the organisation or federal organisation has at least 1 member who is a principal contractor;
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;
if paragraph (c) does not apply—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot;
a relevant employee organisation the agreement applies to, if the organisation has at least 1 member who is an independent courier.
The person who intends to apply to terminate the negotiated agreement must give all of the other persons the agreement applies to notice of the intention at least 3 months before making the application.
The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and either—
for an agreement that provides that it may be terminated if particular conditions are met—the conditions have been met; or
for another agreement—
the other parties to the agreement agree to it being terminated; or
termination of the agreement is not contrary to the public interest.
The termination takes effect when the commission’s approval takes effect.
s 406ZT ins 2022 No. 27 s 66
(sec.406ZT-ssec.1) After the nominal expiry date of a negotiated agreement, the following persons may apply to the commission to terminate the agreement— the principal contractor; an employer organisation or federal organisation of employers the agreement applies to, if the organisation or federal organisation has at least 1 member who is a principal contractor; 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; if paragraph (c) does not apply—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot; a relevant employee organisation the agreement applies to, if the organisation has at least 1 member who is an independent courier.
(sec.406ZT-ssec.2) The person who intends to apply to terminate the negotiated agreement must give all of the other persons the agreement applies to notice of the intention at least 3 months before making the application.
(sec.406ZT-ssec.3) The commission must approve the termination if, and must refuse to approve the termination unless, satisfied subsection (2) has been complied with and either— for an agreement that provides that it may be terminated if particular conditions are met—the conditions have been met; or for another agreement— the other parties to the agreement agree to it being terminated; or termination of the agreement is not contrary to the public interest.
(sec.406ZT-ssec.4) The termination takes effect when the commission’s approval takes effect.
- (a) the principal contractor;
- (b) an employer organisation or federal organisation of employers the agreement applies to, if the organisation or federal organisation has at least 1 member who is a principal contractor;
- (c) 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;
- (d) if paragraph (c) does not apply—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot;
- (e) a relevant employee organisation the agreement applies to, if the organisation has at least 1 member who is an independent courier.
- (a) for an agreement that provides that it may be terminated if particular conditions are met—the conditions have been met; or
- (b) for another agreement— (i) the other parties to the agreement agree to it being terminated; or (ii) termination of the agreement is not contrary to the public interest.
- (i) the other parties to the agreement agree to it being terminated; or
- (ii) termination of the agreement is not contrary to the public interest.
- (i) the other parties to the agreement agree to it being terminated; or
- (ii) termination of the agreement is not contrary to the public interest.