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s 406V

What is a negotiated agreement

In force
Chapter 10AIndependent couriers
Part 4Negotiated agreements
Division 1Preliminary

406V What is a negotiated agreement

(1)

A negotiated agreement is a written agreement—

(a)

about the remuneration and working conditions of independent couriers engaged by a principal contractor in relation to a class of courier service contracts; and

(b)

that has been certified under division 3.

(2)

A negotiated agreement for a class of courier service contracts is made between—

(a)

a party or parties representing 1 or more principal contractors under the class of courier service contracts, as mentioned in subsection (3); and

(b)

a party or parties representing independent couriers engaged under the class of courier service contracts, as mentioned in subsection (4).

(3)

For subsection (2)(a), the party or parties are—

(a)

1 principal contractor; or

(b)

2 or more principal contractors, collectively taken to be 1 party to the negotiated agreement, who—

(i)

are related bodies corporate within the meaning of the Corporations Act; or

(ii)

are engaged in a joint venture or common enterprise; or

(iii)

undertake similar work; or

(c)

an employer organisation or federal organisation of employers that represents, or is entitled to represent, 1 or more principal contractors.

(4)

For subsection (2)(b), the party or parties are—

(a)

1 or more employee organisations that represent, or are entitled to represent, the independent couriers who are, or are eligible to be, members of the organisation; or

(b)

a group of the independent couriers at the time the agreement is made, whether all or a category of the independent couriers, who are collectively taken to be 1 party to the negotiated agreement.

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