Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 418 (e) of the Act, an employer must obtain the signatures of:
(a) for all workplace agreements -- the employer or employers in relation to the agreement; and
(b) in addition to paragraph (a):
(i) if the workplace agreement is an employee collective agreement -- a representative of the employees to the agreement or a bargaining agent appointed under section 335; or
(ii) if the workplace agreement is a union collective agreement -- the organisation or organisations of employees with which the employer made the agreement; or
(iii) if the workplace agreement is a union greenfields agreement -- the organisation or organisations of employees with which the employer made the agreement.
(2) For subregulation (1), a signature to the workplace agreement must be accompanied by:
(a) the full name and address of each person signing the workplace agreement in accordance with subregulation (1); and
(b) an explanation of the person's authority to sign the workplace agreement.
Note The requirements for the signing of an ITEA are set out in section 340 of the Act.
(3) Strict liability applies to the physical elements in subregulation (1).
Note For strict liability , see section 6.1 of the Criminal Code .
(4) Subregulations (1) and (2) are civil remedy provisions.
Note Part 14 of this Chapter sets out provisions dealing with contraventions of civil remedy provisions.
(4A) It is a defence to a contravention of subregulation (1) that the workplace agreement:
(a) is a collective agreement; and
(b) does not include the signature of a person (other than the employer) because of the person's failure or refusal to sign the agreement.