Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_97b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 97B
Character Range: 276392–278746

97B  Bargaining agents—employee collective agreements

 (1) An employee whose employment is or will be subject to an employee collective agreement may request another person (the bargaining agent) to represent the employee in meeting and conferring with the employer about the making or variation of the agreement.

Note: Subsection 104(4) provides a civil remedy for coercion in relation to requests under this subsection.

 (2) An employee whose employment is or will be subject to an employer greenfields agreement may request another person (the bargaining agent) to represent the employee in meeting and conferring with the employer about the variation of the agreement.

Note: Subsection 104(4) provides a civil remedy for coercion in relation to requests under this subsection.

 (3) The employer must give the bargaining agent a reasonable opportunity to meet and confer with the employer about the agreement during the period:
 (a) beginning 7 days before the agreement or variation is approved in accordance with section 98C or section 102F; and
 (b) ending when the agreement or variation is approved.

 (4) Subsection (3) is a civil remedy provision.

Note: See Division 11 for provisions on enforcement.

 (5) The requirement in subsection (3) ceases to apply to the employer if at any time after the request is made the employee withdraws the request.

 (6) The Employment Advocate may issue a certificate that he or she is satisfied of one of the following matters if he or she is so satisfied:
 (a) on application by a bargaining agent—that the employee has made a request in accordance with subsection (1) or (2) for the bargaining agent to represent the employee in meeting and conferring with the employer;
 (b) on application by the employer—that, after the making of the request, the requirement in subsection (3) for the employer to give a reasonable opportunity to the bargaining agent to meet and confer, has, because of subsection (5), ceased to apply to the employer.

 (7) The certificate must not identify any of the employees concerned. However, it must identify the bargaining agent, the employer and the agreement.

 (8) The certificate is, for all purposes of this Act, prima facie evidence that the employee or employees made the request or that the requirement has ceased to apply.

Division 4—Pre‑lodgment procedure