Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536MN

  (1)   After a consultation notice has been given for a proposed collective agreement, either negotiating entity for the agreement must, with the consent of the other negotiating entity, make reasonable efforts to give a notice under this section to whichever of the following is applicable:

  (a)   for a proposed employee - like worker collective agreement--each eligible employee - like worker for the proposed collective agreement (see subsection   (3));

  (b)   for a proposed road transport collective agreement--each eligible regulated road transport contractor for the proposed collective agreement (see subsection   (4)).

  (2)   A notice given under subsection   (1) must specify the following:

  (a)   the regulated business that will be covered by the proposed collective agreement;

  (b)   the class of regulated workers that will be covered by the proposed collective agreement, and that the regulated worker to whom the notice is given is included in that class;

  (c)   the organisation that will sign the proposed collective agreement on behalf of the regulated workers;

  (d)   the matters proposed to be dealt with in the proposed collective agreement.

  (3)   For the purposes of this section, an eligible employee - like worker for a proposed employee - like worker collective agreement is an employee - like worker who, at any time during the period of 28 days before the consultation notice was given, was performing work under a services contract:

  (a)   through or by means of a digital labour platform operated by the digital labour platform operator that will be covered by the proposed collective agreement; or

  (b)   arranged or facilitated through or by means of a digital labour platform operated by the digital labour platform operator that will be covered by the proposed collective agreement.

  (4)   For the purposes of this section, an eligible regulated road transport contractor for a proposed road transport collective agreement is a regulated road transport contractor who, at any time during the period of 28 days before the consultation notice was given, was performing work under a services contract to which a road transport business that will be covered by the proposed collective agreement is a party.