Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Enterprise agreements covering a single employee
1 At the end of section 172
Add:
Requirement that there be at least 2 employees
(6) An enterprise agreement cannot be made with a single employee.
Part 2 -- Bargaining representatives
2 Subsection 176(3)
Repeal the subsection, substitute:
(3) Despite subsections (1) and (2):
(a) an employee organisation; or
(b) an official of an employee organisation (whether acting in that capacity or otherwise);
cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement.
3 Subsection 176(4)
After "doubt", insert "and despite subsection (3),".
4 After paragraph section 194(b)
Insert:
(ba) a term that provides a method by which an employee or employer may elect (unilaterally or otherwise) not to be covered by the agreement; or
5 Subsection 238(3) (heading)
Omit " must have given ", substitute " to give ".
6 Paragraph 238(3)(a)
Repeal the paragraph, substitute:
(a) has taken all reasonable steps to give a written notice setting out the concerns referred to in subsection (1) to the relevant bargaining representatives for the agreement; and
Part 5 -- Notice of employee representational rights
7 Section 174 (heading)
After " Content ", insert " and form ".
8 After subsection 174(1)
Insert:
Notice requirements
(1A) The notice must:
(a) contain the content prescribed by the regulations; and
(b) not contain any other content; and
(c) be in the form prescribed by the regulations.
(1B) When prescribing the content of the notice for the purposes of paragraph (1A)(a), the regulations must ensure that the notice complies with this section.
9 Subsection 174(6)
Repeal the subsection.