Victorian Numbered Acts

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OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 (NO 49 OF 2005) - SECT 26

Negotiating agents for hirers

    (1)     A hirer may, by instrument, appoint a person or group of persons to be the negotiating agent for the hirer in relation to the engagement of a contractor or contractors, including the making, variation or termination of regulated contracts.

    (2)     Subject to sub-section (3), a contractor or group of contractors must not refuse to recognise a negotiating agent duly appointed by a hirer for the purposes of sub-section (1).

    (3)     Sub-section (2) does not apply if the person, or a representative of the group, refusing has not been given a copy of the agent's instrument of appointment before the refusal.

    (4)     If requested to do so by the negotiating agent, a contractor or group of contractors must deal exclusively with the agent within the scope of the agent's authority.

    (5)     A person must not coerce, or attempt to coerce, a hirer

        (a)     to appoint, or not to appoint, a particular person or group of persons as a negotiating agent; or

        (b)     to terminate the appointment of a negotiating agent.

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