Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 406ZL

406ZL Refusal to grant application—generally

(1) The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if the commission considers—

(a) a provision of the agreement—

(i) is inconsistent with an equal remuneration order; or

(ii) seeks to prohibit or restrict an application being made for an equal remuneration order; or

(b) a provision of the agreement is an objectionable term; or

(c) a provision of the agreement is discriminatory.

(2) For subsection (1) (c) , a provision of the agreement is not discriminatory only because it provides for minimum remuneration for—

(a) all independent couriers under 21 years; or

(b) all independent couriers with disability; or

(c) a class of independent couriers mentioned in paragraph (a) or (b) .

(3) The commission has jurisdiction to make an equal remuneration order in relation to the agreement.

(4) Chapter 5 , part 3 and chapter 8 , part 1 are applied provisions for this section.

Note—

See section 406ZZF about interpreting an applied provision.

(5) In this section—

"equal remuneration order" means an order made under chapter 5 , part 3 .

"objectionable term" means a term that permits, or has the effect of permitting, or purports to permit or have the effect of permitting—

(a) a contravention of chapter 8 , part 1 ; or

(b) the payment of a bargaining services fee within the meaning of section 298 .

"permit" includes require.