New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 325A

325A Special requirements relating to contract agreements to which groups of carriers are parties

(1) A contract agreement to which a group of carriers is a party is not to be approved unless the requirements of this section have been complied with.

(2) Before or at the time the principal contractor, or association of principal contractors, first undertakes formal negotiations with a group of carriers for the purposes of a contract agreement, the principal contractor or association is to advise the Industrial Registrar in writing of the following:

(a) that a contract agreement is proposed or under negotiation,

(b) the contract determinations or contract agreements that then apply to the carriers.

(3) The Industrial Registrar is to advise such persons or bodies as are prescribed by the regulations of the proposed contract agreement.

(4) The contract agreement must be approved in a secret ballot by not less than 65% of the carriers who enter into the agreement.

(5) The Industrial Registrar must, after the contract agreement is lodged for approval, prepare a report for the Commission comparing the conditions of engagement under the agreement and the conditions of engagement that would otherwise apply to the carriers under relevant contract determinations.

(6) Section 37 applies to secret ballots under this Part in the same way as it applies to secret ballots under Part 2 of Chapter 2. Section 344 extends to that application of section 37.