Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 418 (ea) of the Act, this regulation applies in relation to a variation of a workplace agreement.
(2) For a variation to any workplace agreement, an employer must obtain the signature of the employer or employers in relation to the variation.
(3) In addition to subregulation (2), the employer must obtain the following:
(a) if the workplace agreement that is being varied is an employee collective agreement -- the signature of a representative of the employees bound by the variation or a bargaining agent appointed under section 335;
(b) if the workplace agreement that is being varied is a union collective agreement -- the signature of the organisation or organisations of employees with which the employer made the variation;
(c) if the workplace agreement that is being varied is a union greenfields agreement -- the signature of the organisation or organisations of employees with which the employer made the variation;
(d) if:
(i) the workplace agreement that is being varied is an employer greenfields agreement; and
(ii) there are employees bound by that agreement;
the signature of a representative of the employees bound by the variation or a bargaining agent appointed under section 335.
Note for paragraph (d) The signature of a representative of the employees is required if any employees are employed under the employer greenfields agreement at the time it is varied. If no employees are bound by the employer greenfields agreement at the time it is varied, only the employer or employers need sign the variation (see subregulation (2)).
(4) For subregulations (2) and (3), a signature to the variation must be accompanied by:
(a) the full name and address of each person signing the variation in accordance with subregulation (2) or (3); and
(b) an explanation of the person's authority to sign the variation.
Note The requirements for the signing of a variation to an ITEA are set out in section 373 of the Act.
(5) Strict liability applies to the physical elements in subregulations (2) and (3).
Note For strict liability , see section 6.1 of the Criminal Code .
(6) Subregulations (2), (3) and (4) are civil remedy provisions.
Note Part 14 sets out provisions dealing with contraventions of civil remedy provisions.
(7) It is a defence to a contravention of subregulation (2) or (3) that:
(a) the workplace agreement that is being varied 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 variation to the agreement.