Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 179A

  (1)   If:

  (a)   an employer will be covered by a proposed enterprise agreement that is not a greenfields agreement; and

  (b)   as a direct or indirect consequence of the operation of one or more terms of the agreement (the beneficial terms ), the employer or a person mentioned in subsection   (2) will, or can reasonably be expected to, receive or obtain (directly or indirectly) a section   179A disclosable benefit (each such person is a beneficiary );

the employer must prepare a document in accordance with subsection   (3).

  (2)   For the purposes of paragraph   (1)(b), the persons are any of the following:

  (a)   an associated entity of the employer (other than an associated entity prescribed by the regulations);

  (b)   a person or body prescribed by the regulations for the purposes of this paragraph.

  (3)   The document must:

  (a)   itemise the beneficial terms; and

  (b)   describe the nature and (as far as reasonably practicable) amount of each section   179A disclosable benefit in relation to each beneficiary; and

  (c)   name each beneficiary; and

  (d)   be in accordance with any other requirements prescribed by the regulations for the purposes of this paragraph.

  (4)   A section   179A disclosable benefit is any financial benefit, other than a financial benefit that is:

  (a)   received or obtained in the ordinary course of the employer's business; or

  (b)   prescribed by the regulations for the purposes of this paragraph.