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s 406ZM

Refusal to grant application—contravention of industrial action provision

In force
Chapter 10AIndependent couriers
Part 4Negotiated agreements
Division 3Certifying negotiated agreements
Subdivision 2Deciding applications

406ZM Refusal to grant application—contravention of industrial action provision

(1)

The commission must refuse to grant a certification application if the commission is satisfied that, in connection with negotiations for the proposed negotiated agreement—

(a)

the principal contractor has contravened an industrial activity provision; or

(b)

the principal contractor has caused an entity to engage in conduct that, had the principal contractor engaged in the conduct, would be a contravention by the principal contractor of an industrial activity provision; or

(c)

an entity has, for the principal contractor, engaged in conduct mentioned in paragraph (b) or caused another entity to engage in the conduct.

(2)

Subsection (1) does not apply if the commission is satisfied the contravention or conduct, and its effects, have been fully remedied.

(3)

Chapter 8, part 1, division 4 is an applied provision for this section.

Note—

See section 406ZZF about interpreting an applied provision.

(4)

In this section—

industrial activity provision means a provision of chapter 8, part 1, division 4.

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