Industrial Relations Act 2016

An application to amend a negotiated agreement may be made by—

if the agreement applies to 1 or more relevant employee organisations—the principal contractor and each relevant employee organisation the agreement applies to; or

if the amendment amends the parties to the agreement—the person who wants to become a party to the agreement; or

otherwise—the principal contractor.

The commission must approve the amendment if, and must not approve the amendment unless, satisfied—

the amendment is approved as required under subsection (3) or (4); and

the commission would be required to certify the negotiated agreement as amended if it were an agreement for which a certification application were made.

An amendment that amends the parties to the agreement must be approved by—

the principal contractor; and

either—

for a negotiated agreement that applies to a relevant employee organisation—the relevant employee organisation; or

for a negotiated agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot.

Any other amendment must be approved by—

for an agreement to which a group of independent couriers is a party—at least 65% of the independent couriers covered by the agreement in a secret ballot; or

otherwise—a valid majority of the independent couriers covered by the agreement in a properly conducted ballot.

In applying subsection (2)(b)—

the requirement in section 406ZG(1)(d) about the agreement being agreed by all of the parties is taken to be satisfied; and

section 406ZF(3) and (4) is to be disregarded.

The amendment takes effect when the commission’s approval takes effect.