Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 298

298 Bargaining services fees

(1) An industrial organisation, or an officer or member of an industrial organisation, must not demand payment of a bargaining services fee from any person.

Note—

This subsection is a civil penalty provision.

(2) Subsection (1) does not apply if the bargaining services fee is payable to the industrial organisation under a contract for the provision of bargaining services.

(3) In this section—

"bargaining services" means services provided by, or for, an industrial organisation in relation to a bargaining instrument or proposed bargaining instrument, including in relation to bargaining for, or certifying, making, amending or terminating, the bargaining instrument or proposed bargaining instrument.

"bargaining services fee" —

(a) means a fee (however described) payable to—

(i) an industrial organisation; or

(ii) someone instead of an industrial organisation; but

(b) does not include a membership fee.

"demand" includes—

(a) purport to demand; and

(b) do anything that would—

(i) have the effect of demanding; or

(ii) purport to have the effect of demanding.