Refusal to grant application—generally
406ZL Refusal to grant application—generally
The commission must refuse to grant a certification application for an agreement proposed to be a negotiated agreement if the commission considers—
a provision of the agreement—
is inconsistent with an equal remuneration order; or
seeks to prohibit or restrict an application being made for an equal remuneration order; or
a provision of the agreement is an objectionable term; or
a provision of the agreement is discriminatory.
For subsection (1)(c), a provision of the agreement is not discriminatory only because it provides for minimum remuneration for—
all independent couriers under 21 years; or
all independent couriers with disability; or
a class of independent couriers mentioned in paragraph (a) or (b).
The commission has jurisdiction to make an equal remuneration order in relation to the agreement.
Chapter 5, part 3 and chapter 8, part 1 are applied provisions for this section.
Note—
See section 406ZZF about interpreting an applied provision.
In this section—
equal remuneration order means an order made under chapter 5, part 3.
objectionable term means a term that permits, or has the effect of permitting, or purports to permit or have the effect of permitting—
a contravention of chapter 8, part 1; or
the payment of a bargaining services fee within the meaning of section 298.
permit includes require.
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