Commonwealth Consolidated Regulations

WORKPLACE RELATIONS REGULATIONS 2006 - REG 2.8.7

         (1)   Subject to subregulation (2), a term of a workplace agreement is prohibited content to the extent that it deals with a matter that does not pertain to the employment relationship.

Exception to rule in subregulation (1)

         (2)   If:

                (a)    a term deals with a matter that does not pertain to the employment relationship; and

               (b)    the matter is:

                          (i)    incidental or ancillary to a matter contained in the agreement which does pertain to the employment relationship; or

                         (ii)    a machinery matter; or

                         (iii)    so trivial that it should be disregarded as insignificant;

then, to the extent that the term deals with the matter, it is not prohibited content.

Meaning of pertains to the employment relationship

         (3)   In this regulation, a matter pertains to the employment relationship:

                (a)    in the case of a collective agreement -- if it pertains to the relationship between the employer bound by the agreement and all persons who, at any time when the agreement is in operation, are employed by the employer and who are bound by the agreement; or

               (b)    in the case of an ITEA -- if it pertains to the relationship between the employer bound by the agreement and the employee bound by the agreement.