Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 59

Project agreements not enforceable

             (1)  An agreement is unenforceable to the extent that it relates to building employees if:

                     (a)  the 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 in a single enterprise; and

                     (c)  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 a Commonwealth industrial instrument.

             (2)  A single enterprise is:

                     (a)  a business, project or undertaking that is carried on by an employer; or

                     (b)  the activities carried on by:

                              (i)  the Commonwealth, a State or a Territory; or

                             (ii)  a body, association, office or other entity established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or

                            (iii)  any other body in which the Commonwealth, a State or a Territory has a controlling interest.

   



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