Industrial Relations Act 2016

This section applies if an employer, or an employee organisation, to whom a bargaining award does not apply (the proposed new party) would like the award to apply to the proposed new party.

All the parties to the award, and the proposed new party, may apply to the commission to amend the bargaining award so the award applies to the proposed new party.

The commission may approve the amendment if satisfied—

if the proposed new party is an employer—the bargaining instrument should apply to the employer; or

if the proposed new party is an employee organisation—the organisation is entitled to represent the industrial interests of employees covered by the bargaining award.