25Negotiating agents for contractors

25 Negotiating agents for contractors

(1) A contractor or a group of contractors may, by instrument, appoint a person or group of persons to be the negotiating agent for the contractor or contractors in relation to the engagement of the contractor or contractors, including the making, variation or termination of regulated contracts.

(2) Subject to subsection (3), a hirer must not refuse to recognise a negotiating agent duly appointed by a contractor or group of contractors for the purposes of subsection (1).

(3) Subsection (2) does not apply if the hirer has not been given a copy of the agent's instrument of appointment before the refusal.

(4) If requested to do so by the negotiating agent, a hirer must deal exclusively with the agent within the scope of the agent's authority.

(5) A person must not coerce, or attempt to coerce, a contractor or group of contractors—

(a) to appoint, or not to appoint, a particular person or group of persons as a negotiating agent; or

(b) to terminate the appointment of a negotiating agent.

S. 25(6) inserted by No. 33/2019 s. 19.

(6) To avoid doubt, a contractor may be offered a regulated contract on terms and conditions negotiated under this section whether or not the contractor appointed, or was a member of the group that appointed, the negotiating agent who negotiated those terms and conditions.