Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 223

223 Extension of nominal expiry date

(1) On or before the nominal expiry date of a bargaining instrument, the following persons may apply to the commission to extend the bargaining instrument’s nominal expiry date—

(a) if the instrument applies to 1 or more organisations—the employer and the 1 or more organisations;

(b) otherwise—the employer.

(2) However, the nominal expiry date can not be extended beyond—

(a) for a project agreement—the date on which the project ends; or

(b) for another bargaining instrument—4 years after the date on which the instrument came into operation.

(3) The extension has no effect unless the commission approves the extension.

(4) The commission must approve the extension if, and must not approve the extension unless, satisfied a valid majority of the relevant employees at the time approved the extension.

(5) The extension takes effect when the commission’s approval takes effect.

(6) This section does not apply to—

(a) an agreement made with an employee organisation for employees proposed to be employed in a new business; or

(b) a bargaining instrument to which section 210 (4) applies.