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s 298

Bargaining services fees

In force
Chapter 8Rights and responsibilities of employees, employers, organisations etc.
Part 1General protections
Division 5Other protections

298 Bargaining services fees

(1)

An industrial organisation, or an officer or member of an industrial organisation, must not demand payment of a bargaining services fee from any person.

Note—

This subsection is a civil penalty provision.

(2)

Subsection (1) does not apply if the bargaining services fee is payable to the industrial organisation under a contract for the provision of bargaining services.

(3)

In this section—

bargaining services means services provided by, or for, an industrial organisation in relation to a bargaining instrument or proposed bargaining instrument, including in relation to bargaining for, or certifying, making, amending or terminating, the bargaining instrument or proposed bargaining instrument.

bargaining services fee

(a)

means a fee (however described) payable to—

(i)

an industrial organisation; or

(ii)

someone instead of an industrial organisation; but

(b)

does not include a membership fee.

demand includes—

(a)

purport to demand; and

(b)

do anything that would—

(i)

have the effect of demanding; or

(ii)

purport to have the effect of demanding.

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