FAIR WORK ACT 1994 - SECT 80

FAIR WORK ACT 1994 - SECT 80

80—Extent to which aspects of negotiations and terms of the agreement are to be kept confidential

        (1)         An association that enters into an enterprise agreement as representative of a group of employees, must not disclose to the employer which employees authorised the association to act on their behalf.

        (2)         However—

            (a)         an association, if authorised in writing by an employee, may disclose to an employer that the association is authorised to act on behalf of the employee; and

            (b)         an association may be authorised by SAET to disclose to an employer the identity of employees who authorised the association to act on their behalf and may be required by SAET to disclose the identity of those employees to SAET.

        (3)         An enterprise agreement, once approved, must be lodged in the Registrar's office and must, subject to an order under subsection (4), be available for public inspection.

        (4)         SAET may, if satisfied that an order under this subsection is justified by the exceptional nature or circumstances of the case, declare that an enterprise agreement or a particular part of an enterprise agreement is to be kept confidential to the persons bound by it, and make an order suppressing public disclosure of the agreement or the relevant part of the agreement.

        (5)         A person must not contravene an order of SAET under subsection (4).

Maximum penalty: $2 500.