Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A term of a workplace agreement is prohibited content to the extent that it deals with the following:
(a) deductions from the pay or wages of an employee bound by the agreement of trade union membership subscriptions or dues;
(b) the provision of payroll deduction facilities for the subscriptions or dues referred to in paragraph (a);
(c) employees bound by the agreement receiving leave to attend training (however described) provided by a trade union;
(d) employees bound by the agreement receiving paid leave to attend meetings (however described) conducted by or made up of trade union members;
(e) the renegotiation of a workplace agreement;
(f) the rights of an organisation of employers or employees to participate in, or represent an employer or employee bound by the agreement in, the whole or part of a dispute settling procedure, unless the organisation is the representative of the employer's or employee's choice;
(g) the rights of an official of an organisation of employers or employees to enter the premises of the employer bound by the agreement;
(h) restrictions on the engagement of independent contractors and requirements relating to the conditions of their engagement;
(i) restrictions on the engagement of labour hire workers, and requirements relating to the conditions of their engagement, imposed on an entity or person for whom the labour hire worker performs work under a contract with a labour hire agency;
(j) the forgoing of annual leave credited to an employee bound by the agreement otherwise than in accordance with the Act;
(k) the provision of information about employees bound by the agreement to a trade union, or a member acting in a representative capacity, officer, or employee of a trade union, unless provision of that information is required or authorised by law.
Note In these Regulations a reference to an independent contractor is not confined to a natural person (see subsection 4 (2) of the Act).
Terms that encourage or discourage union membership
(2) A term of a workplace agreement is prohibited content to the extent that it:
(a) directly or indirectly requires a person bound by the agreement:
(i) to encourage another person bound by the agreement to become, or remain, a member of an industrial association; or
(ii) to discourage another person bound by the agreement from becoming, or remaining, a member of an industrial association; or
(b) requires a person bound by the agreement to indicate support, or lack of support, for persons bound by the agreement being members of an industrial association.
Terms allowing for industrial action
(3) A term of a workplace agreement is prohibited content to the extent that it permits a person bound by the agreement to engage in or organise industrial action.
Terms dealing with disclosure of details of workplace agreement
(4) A term of a workplace agreement is prohibited content to the extent that it prohibits or restricts disclosure of details of the workplace agreement by a person bound by the agreement.
Terms providing for remedies for unfair dismissal
(5) A term of a workplace agreement is prohibited content to the extent that it confers a right or remedy in relation to the termination of employment of an employee bound by the agreement for a reason that is harsh, unjust or unreasonable.
(6) To avoid doubt, a term is not prohibited content under subregulation (5) to the extent that it provides a process for managing an employee's performance or conduct.
Objectionable provisions
(7) A term of a workplace agreement is prohibited content to the extent that it is an objectionable provision within the meaning of the Act.
Note Section 810 of the Act deals with objectionable provisions.
Term concerning AWA
(8) A term of a workplace agreement is prohibited content to the extent that it directly or indirectly restricts the ability of a person bound by the agreement to offer, negotiate or enter into an AWA.
Meaning of terms
(9) In paragraph (1) (i):
"labour hire agency" means an entity or a person who conducts a business that includes the employment or engagement of workers for the purpose of supplying those workers to another entity or person under a contract with that other entity or person.
labour hire worker means a person:
(a) who:
(i) is employed by a labour hire agency; or
(ii) is engaged by a labour hire agency as an independent contractor; and
(b) who performs work for another entity or person under a contract between that entity or person and the labour hire agency.