Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 406Y

406Y Proposed negotiated agreement to be given to independent couriers for approval

(1) This section applies if, during negotiations under this part, the negotiating parties propose to make a negotiated agreement.

(2) The principal contractor must take reasonable steps to ensure that, at least 14 days before the day the independent couriers who are to be covered by the proposed negotiated agreement are asked to approve the proposed agreement—

(a) each independent courier has, or has ready access to, a copy of the proposed agreement; and

(b) the terms of the proposed agreement are explained to each independent courier; and

(c) for an agreement with a group of independent couriers—each independent courier is informed that the independent courier may be represented in the negotiations by a relevant employee organisation.

(3) The principal contractor must not ask the independent couriers to approve the proposed negotiated agreement until 21 days after the later of the following—

(a) the day notice of intention to start the negotiations was given under section 406W ;

(b) the day a scope order in relation to the proposed negotiated agreement came into effect.

(4) If an independent courier is represented in the negotiations by a relevant employee organisation, the principal contractor must give the organisation a reasonable opportunity to represent the independent courier in the negotiations before the proposed negotiated agreement is made.

(5) Subsection (4) stops applying if—

(a) the independent courier stops being represented by the relevant employee organisation; or

(b) the independent courier stops being an independent courier who will be covered by the proposed negotiated agreement.

(6) If the proposed negotiated agreement is amended, the steps in subsections (2) and (3) must be taken again for the proposed agreement as amended.

(7) However, subsection (6) does not apply if the commission is satisfied the amendment was only—

(a) for a formal or clerical reason; or

(b) in another way that does not adversely affect an independent courier’s interests.