(1)

If:

(a) an agreement is entered into with the intention of securing standard employment conditions for building employees in respect of building work that they carry out at a particular building site or sites; and
(b) not all the employees are employed by the same employer; and
(c) either:
(i) a party to the agreement is an organisation and at least some of the employees are members of that organisation; or
(ii) a party to the agreement is a constitutional corporation and at least some of the employees are employees of that corporation; and
(d) the agreement is not certified;

then the agreement is unenforceable to the extent to which it relates to building employees.

(2)

In determining for the purposes of this section whether employees are employed by the same employer, section 170LB of the Workplace Relations Act is to be disregarded.