75—Who may make enterprise agreement
(1) An
enterprise agreement may be made between—
(a) 1 or
more employers;
(b) a
group of employees.
(2) A registered
association may enter into an enterprise agreement on behalf of—
(a) any
member or members of the association who have given the association an
authorisation to negotiate the enterprise agreement on their behalf; or
(b) any
group of employees (whether or not members of the association) if the
association is authorised, after notice has been given as required by the
regulations, by a majority of the employees constituting the group to
negotiate the enterprise agreement on behalf of the group.
(3) A member of an
association is taken to have given the association an authorisation for the
purposes of subsection (2) for as long as the member remains a member of
the association unless the member, by written notice given to the association,
withdraws the authorisation.
(4) An authorisation
given to an association by an employee who is not a member of the
association—
(a)
cannot be given generally but must be specifically related to a particular
proposal for an enterprise agreement; and
(b)
remains in force (subject to revocation by written notice given to the
association) until the relevant enterprise agreement is rescinded or
superseded.
(5) If—
(a) an
employer proposes to have an enterprise agreement with a group of employees
who are yet to be employed by the employer; and
(b) the
employees—
(i)
are of a class not currently, or formerly, employed by
the employer or a related employer in South Australia; or
(ii)
are to be engaged in operations of a kind that are not
currently, and have not been formerly, carried on by the employer or a related
employer in South Australia,
the employer may enter, on a provisional basis, into an enterprise agreement
binding on the employees who become members of the group (a
"provisional enterprise agreement") with a registered association of employees
(or both).
(7) A notice under
subsection (6) must include details of the group of employees to which
the agreement is to apply.
(9) A person who
becomes, or ceases to be, a member of a group of employees defined in an
enterprise agreement as the group bound by the agreement, becomes or ceases to
be bound by the enterprise agreement (without further formality).