Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 196

196 Proposed bargaining instrument to be in writing and signed by parties

(1) The commission must be satisfied the proposed bargaining instrument—

(a) is in writing; and

(b) is signed by or for all the parties.

(2) Subsection (1) (b) does not apply if the commission is satisfied, in the particular circumstances, that—

(a) although the proposed bargaining instrument has not been signed by or for all the parties, all parties have agreed on the terms of the instrument; and

(b) the part 5 application was made within a reasonable time after the instrument was approved by a valid majority of the relevant employees at the time in a properly conducted ballot.

(3) For subsection (2) , in deciding whether all parties have agreed on the terms of the proposed bargaining instrument, the commission may consider—

(a) whether the parties negotiated in good faith as required under section 173 ; and

(b) any other evidence supporting or not supporting the alleged agreement.