Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Enterprise agreements covering a single employee
1 At the end of section 172
Add:
Requirement that there be at least 2 employees
(6) An enterprise agreement cannot be made with a single employee.
Part 2 -- Bargaining representatives
2 Subsection 176(3)
Repeal the subsection, substitute:
(3) Despite subsections ( 1) and (2):
(a) an employee organisation; or
(b) an official of an employee organisation (whether acting in that capacity or otherwise);
cannot be a bargaining representative of an employee unless the organisation is entitled to represent the industrial interests of the employee in relation to work that will be performed under the agreement.
3 Subsection 176(4)
After " doubt " , insert " and despite subsection ( 3), " .
4 After paragraph section 194 (b)
Insert :
( ba ) a term that provides a method by which an employee or employer may elect (unilaterally or otherwise) not to be covered by the agreement; or
5 Subsection 238(3) (heading)
Omit " must have given ", substitute " to give ".
6 Paragraph 238(3) (a)
Repeal the paragraph , substitute:
(a) has taken all reasonable steps to give a written notice setting out the concerns referred to in subsection ( 1) to the relevant bargaining representatives for the agreement; and
Part 5 -- Notice of employee representational rights
7 Section 174 (heading)
After " Content ", insert " and form " .
8 After subsection 174(1)
Insert:
Notice requirements
(1A) The notice must:
(a) contain the content prescribed by the regulations; and
(b) not contain any other content; and
(c) be in the form prescribed by the regulations.
(1B) When prescribing the content of the notice for the purposes of paragraph ( 1A)(a), the regulations must ensure that the notice complies with this section.
9 Subsection 174(6)
Repeal the subsection.