Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 225

225 Amendment on application

(1) The following persons may apply to the commission to amend a bargaining instrument—

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

(b) if the amendment amends the parties to a multi-party agreement—the person who wants to become a party to the agreement;

(c) otherwise—the employer.

(2) The commission must approve the amendment if, and must not approve the amendment unless, satisfied—

(a) the amendment has been approved by—

(i) for an amendment mentioned in subsection (1) (b) —the approving parties; or

(ii) for any other amendment—a valid majority of the relevant employees at the time; and

(b) the commission would be required to certify or make the instrument as amended if it were an instrument for which an application for certification or making were made under part 5 .

(3) In applying subsection (2) (b) —

(a) a requirement about a majority of persons approving the instrument is taken to be satisfied; and

(b) section 194 is to be disregarded.

(4) The amendment takes effect when the commission’s approval takes effect.

(5) The commission may, on application by a person to whom a bargaining instrument applies, amend the instrument—

(a) to remove ambiguity; or

(b) to include, omit or amend a term, however described, allowing an employer to stand down an employee; or

(c) in another way, if—

(i) the approving parties have agreed to the amendment; and

(ii) the commission is satisfied the amendment does not disadvantage the relevant employees; and

(iii) the commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.

(6) This section does not apply to an amendment to add or omit a party to a bargaining instrument, other than an amendment mentioned in subsection (1) (b) .

(7) In this section—

"approving parties" means—

(a) for an instrument that applies to an employer and an employee organisation—the employer and organisation; or

(b) for another instrument—the employer and a valid majority of the relevant employees at the time.