When proposed bargaining instrument passes the no-disadvantage test
210 When proposed bargaining instrument passes the no-disadvantage test
A proposed bargaining instrument passes the no-disadvantage test if the instrument does not disadvantage employees in relation to the employees’ employment conditions.
A proposed bargaining instrument disadvantages employees only if the commission considers the proposed bargaining instrument would result in a reduction in the employees’ entitlements or protections.
Subsection (2) applies subject to sections 211 and 212.
Subsection (2) does not apply if the commission considers that, in the context of the employment conditions considered as a whole, the reduction is not against the public interest.
If the president considers exceptional circumstances exist, the president may require the registrar to give the commission a report comparing the proposed bargaining instrument with the employees’ entitlements or protections.
In this section—
entitlements or protections means the entitlements or protections under—
a relevant award, designated award, or order under chapter 2, part 5; or
chapter 2, part 3.
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