Disclosure by employers
179A Disclosure by employers
If:
an employer will be covered by a proposed enterprise agreement that is not a greenfields agreement; and
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).
For the purposes of paragraph (1)(b), the persons are any of the following:
an associated entity of the employer (other than an associated entity prescribed by the regulations);
a person or body prescribed by the regulations for the purposes of this paragraph.
The document must:
itemise the beneficial terms; and
describe the nature and (as far as reasonably practicable) amount of each section 179A disclosable benefit in relation to each beneficiary; and
name each beneficiary; and
be in accordance with any other requirements prescribed by the regulations for the purposes of this paragraph.
A section 179A disclosable benefit is any financial benefit, other than a financial benefit that is:
received or obtained in the ordinary course of the employer’s business; or
prescribed by the regulations for the purposes of this paragraph.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Fair Work Regulations 2009 · under s 796
9 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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