sec.171Application for certificate as to requested representation

sec.171 Application for certificate as to requested representation

An application under section 242 (1) or (2) of the Act in relation to a proposed bargaining instrument must— be made before— for a proposed agreement—the agreement is made; or for a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and be in the approved form. An affidavit contained in or accompanying an application made under section 242 (1) of the Act by an employee organisation in relation to a proposed bargaining instrument must— state the following— the name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument; the date of the request; the calling of each employee; the name of the proposed bargaining instrument; and if the request to represent the employee is written—have attached a copy of the request. An applicant under section 242 (1) of the Act must not serve an affidavit mentioned in subrule (2) on the employer. An affidavit contained in or accompanying an application made under section 242 (2) of the Act by an employer in relation to a proposed bargaining instrument must state the following— the name and address of each employee who has withdrawn a request for the employee organisation to represent the employee in negotiating with the employer about the proposed instrument; the date of the withdrawal; the name and address of each employee (a former relevant employee ) who— has requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and stopped being a relevant employee after the request; how the former relevant employee stopped being a relevant employee. The former relevant employee has stopped being employed by the employer. The former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument. r 171 amd 2017 SL No. 26 s 71 (sec.171-ssec.1) An application under section 242 (1) or (2) of the Act in relation to a proposed bargaining instrument must— be made before— for a proposed agreement—the agreement is made; or for a proposed bargaining award—an application is made under section 190 of the Act for the making of the bargaining award; and be in the approved form. (sec.171-ssec.2) An affidavit contained in or accompanying an application made under section 242 (1) of the Act by an employee organisation in relation to a proposed bargaining instrument must— state the following— the name, address and membership number of each employee who has requested the organisation, under section 171 of the Act , to represent the employee in negotiating with the employer about the proposed instrument; the date of the request; the calling of each employee; the name of the proposed bargaining instrument; and if the request to represent the employee is written—have attached a copy of the request. (sec.171-ssec.3) An applicant under section 242 (1) of the Act must not serve an affidavit mentioned in subrule (2) on the employer. (sec.171-ssec.4) An affidavit contained in or accompanying an application made under section 242 (2) of the Act by an employer in relation to a proposed bargaining instrument must state the following— the name and address of each employee who has withdrawn a request for the employee organisation to represent the employee in negotiating with the employer about the proposed instrument; the date of the withdrawal; the name and address of each employee (a former relevant employee ) who— has requested the organisation to represent the employee in negotiating with the employer about the proposed instrument; and stopped being a relevant employee after the request; how the former relevant employee stopped being a relevant employee. The former relevant employee has stopped being employed by the employer. The former relevant employee has been promoted to a position in which his or her employment is not subject to the proposed instrument.