Industrial Relations Act 2016

The commission must be satisfied—

for a project agreement—each employee organisation that has given notice of wanting to be a party to the negotiations under section 170(2), and that has not withdrawn as a party under section 172(3), is a party to the agreement; or

for an agreement to be made with an employee organisation, other than an agreement for a new business—each relevant employee organisation is a party to the agreement; or

for an agreement for a new business—

the agreement was made before the employment of any of the persons in the new business at the new workplace who will be covered by the agreement; and

the agreement has been made with 1 or more employee organisations that are entitled to represent the industrial interests of the persons.

Subsection (1)(b) does not apply if the commission is satisfied a relevant employee organisation—

has been given the opportunity to be a party to the agreement, but does not want to be a party; or

has no members who are to be covered by the agreement.