Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 423

             (1)  This section applies in relation to a collective agreement that a person referred to in subsection (2) wants to try to make if the agreement, if made:

                     (a)  will be made under section 327 or 328; and

                     (b)  will not be:

                              (i)  a multiple‑business agreement; or

                             (ii)  an agreement with 2 or more corporations that are treated as one employer because of paragraph 322(2)(b).

             (2)  If:

                     (a)  an employer; or

                     (b)  an organisation of employees; or

                     (c)  an employee acting on his or her own behalf and on behalf of other employees;

wants to try to make a collective agreement to which this section applies in relation to employees who are employed in a single business or a part of a single business, the employer, organisation or employee (the initiating party ) may initiate a period (the bargaining period ) for negotiating the agreement.

Note:          This subsection has effect subject to subsections 429(2), 430(12) and (13), 431(6) and (7) and 498(6).

             (3)  The bargaining period is initiated by the initiating party giving written notice (the initiating notice ) to each other negotiating party and to the Commission stating that the initiating party intends to try to make a collective agreement to which this section applies (the proposed collective agreement ) with the other negotiating parties under section 327 or 328.

             (4)  Each of the following is a negotiating party in relation to the proposed collective agreement:

                     (a)  the initiating party;

                     (b)  if the initiating party is an employer who intends to try to make the proposed collective agreement under section 327--the employees at the time whose employment will be subject to the proposed collective agreement;

                     (c)  if the initiating party is an employer who intends to try to make the proposed collective agreement under section 328--the organisation or organisations who are proposed to be bound by the proposed collective agreement;

                     (d)  if the initiating party is an organisation of employees--the employer who is proposed to be bound by the proposed collective agreement;

                     (e)  if the initiating party is an employee acting on his or her own behalf and on behalf of other employees--the employer who is proposed to be bound by the proposed collective agreement and the employees whose employment will be subject to the proposed collective agreement.