Industrial Relations Act 2016

This section applies if—

an employer, or an employee organisation, proposes to make a certified agreement; and

there is no relevant award for some or all of the persons to whom the agreement will apply.

The employer or organisation must apply to the commission for a decision under subsection (3).

On application, the commission must decide that an award that regulates employment conditions of employees engaged in a similar kind of work as the person under the proposed agreement is appropriate for deciding whether the agreement passes the no-disadvantage test.

The commission must give the employer or organisation in written notice of the commission’s decision.