Industrial Relations Act 2016

The commission must be satisfied about the following matters in relation to the proposed negotiated agreement—

notice of intention to start negotiating the agreement was given under section 406W;

the principal contractor took the reasonable steps required under section 406Y;

the principal contractor did not coerce, or attempt to coerce, an independent courier not to be represented, or to stop being represented, by a relevant employee organisation as mentioned in section 406Y(2)(c);

the agreement is agreed by parties as required under section 406ZH;

the agreement states—

the parties to the agreement; and

for an agreement to which a group of independent couriers is a party—the name of each member of the group; and

the class of courier service contracts to which the agreement relates; and

a nominal expiry date that is no later than 4 years after the day the agreement will come into operation;

the agreement passes the no-disadvantage test under section 406ZI;

the agreement passes the equal remuneration test under section 406ZK;

subject to subsection (2), each relevant employee organisation is a party to the agreement;

if a scope order in relation to the agreement is in effect—the agreement is not inconsistent with the scope order;

the agreement is stated in plain English and its structure and content is easy to understand.

Subsection (1)(h) does not apply in relation to a relevant employee organisation if the commission is satisfied the organisation—

has been given the opportunity to be a party to the proposed negotiated agreement, but does not want to be a party; or

has no members who are to be covered by the proposed negotiated agreement.