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WORKPLACE RELATIONS ACT 1996 - SECT 594 Submissions in relation to application

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 594

Submissions in relation to application

             (1)  Before deciding whether to make an order under subsection 590(1) in relation to the collective agreement, the Commission must give the following an opportunity to make submissions:

                     (a)  the applicant;

                     (b)  before the transfer time--the persons covered by subsection (2);

                     (c)  at and after the transfer time--the persons covered by subsection (3).

             (2)  For the purposes of paragraph (1)(b), this subsection covers:

                     (a)  an employee of the outgoing employer:

                              (i)  who is bound by the collective agreement; and

                             (ii)  who is employed in the business concerned; and

                     (b)  the incoming employer; and

                     (c)  an organisation of employees that is bound by the collective agreement; and

                     (d)  an organisation of employees that:

                              (i)  is entitled, under its eligibility rules, to represent the industrial interests of an employee referred to in paragraph (a); and

                             (ii)  has been requested by the employee to make submissions on the employee's behalf in relation to the application for the order under subsection 590(1).

             (3)  For the purposes of paragraph (1)(c), this subsection covers:

                     (a)  the incoming employer; and

                     (b)  a transferring employee in relation to the collective agreement; and

                     (c)  an organisation of employees that is bound by the collective agreement; and

                     (d)  an organisation of employees that:

                              (i)  is entitled, under its eligibility rules, to represent the industrial interests of a transferring employee; and

                             (ii)  has been requested by the transferring employee to make submissions on the transferring employee's behalf in relation to the application for the order under subsection 590(1).