Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 221

221 Who is covered by a bargaining instrument

(1) A bargaining instrument
"covers" an employee or employer if the instrument states that it covers (however described) the employee or employer.

(2) A bargaining instrument
"covers" an employee organisation if—

(a) the instrument is made with the organisation; or

(b) for an instrument made between employees and the employer—

(i) before the instrument is certified or made, the organisation gives the commission and employer notice that the organisation wants the instrument to apply to it; and

(ii) the organisation satisfies the commission the organisation is a relevant employee organisation and has at least 1 member to whom the instrument applies and who has asked the organisation to give the notice; and

(iii) the instrument itself, or a decision of the commission certifying or making the instrument, states that the instrument covers the organisation.

(3) A bargaining instrument also
"covers" an employee, employer or employee organisation if this Act, or an order made under this Act, provides or has the effect that the instrument covers the employee, employer or organisation.

(4) However, a bargaining instrument does not
"cover" an employee, employer or employee organisation if any of the following provides or has the effect that the instrument does not cover the employee, employer or organisation—

(a) another provision of this Act;

(b) an order made by the commission under another provision of this Act;

(c) an order of a court.

(5) Despite subsections (1) to (3) , a bargaining instrument that has stopped operating does not
"cover" an employee, employer or employee organisation.

(6) A reference in this Act to a bargaining instrument covering an employee is a reference to the instrument covering the employee in relation to particular employment.