Industrial Relations Regulation 2018

For section 198(1)(c)(ii) of the Act, a proposed bargaining instrument must be accompanied by an affidavit containing the following information—

whether the instrument is for a new business or is a project agreement or a multi-employer agreement;

whether or not the instrument is made with an employee organisation;

the industry in which the employer is engaged;

the name of the relevant award or designated award;

for non-State government employees—each address at which the employees to be covered by the instrument are, or are to be, employed;

the number of male and female employees to be covered by the instrument;

the number of apprentices or trainees to be covered by the instrument;

the name and address of each employer to whom the instrument is to apply;

if the instrument is a project agreement and the project or proposed project has a principal contractor—the principal contractor’s name and address;

if the instrument was negotiated for someone else—the person who negotiated the instrument and the person for whom it was negotiated;

the average percentage that wages of the employees to be covered by the instrument will increase or decrease under the instrument compared with wages before the instrument;

the steps taken to ensure the things required to be done by sections 169, 171 and 172 of the Act were done, and in particular, that the terms of the instrument were explained in an appropriate way given the particular circumstances and needs of the employees to be covered by the instrument;

a statement that the employer did not do something mentioned in section 195(b) of the Act;

a statement that the instrument passes the no-disadvantage test under chapter 4, part 5, division 3 of the Act.

The affidavit must be in the form provided for in the rules made under section 551 of the Act.

For section 198(1)(c)(ii) of the Act, if there is or was a bargaining instrument covering part or all of the employees to be covered by the instrument, the instrument must also be accompanied by the name and instrument number of the bargaining instrument.