(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.