Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_107
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 107
Character Range: 361771–364117

107  Initiation of bargaining period

 (1) This section applies in relation to a collective agreement that a person referred to in subsection (2) wants to try to make if the agreement, if made:
 (a) will be made under section 96A or 96B; and
 (b) will not be:
 (i) a multiple‑business agreement; or
 (ii) an agreement with 2 or more corporations that are treated as one employer because of paragraph 95A(2)(b).

 (2) If:
 (a) an employer; or
 (b) an organisation of employees; or
 (c) an employee acting on his or her own behalf and on behalf of other employees;
wants to try to make a collective agreement to which this section applies in relation to employees who are employed in a single business or a part of a single business, the employer, organisation or employee (the initiating party) may initiate a period (the bargaining period) for negotiating the agreement.

Note: This subsection has effect subject to subsections 107F(2), 107G(12) and (13), 107H(6) and (7) and 112(6).

 (3) The bargaining period is initiated by the initiating party giving written notice (the initiating notice) to each other negotiating party and to the Commission stating that the initiating party intends to try to make a collective agreement to which this section applies (the proposed collective agreement) with the other negotiating parties under section 96A or 96B.

 (4) Each of the following is a negotiating party in relation to the proposed collective agreement:
 (a) the initiating party;
 (b) if the initiating party is an employer who intends to try to make the proposed collective agreement under section 96A—the employees at the time whose employment will be subject to the proposed collective agreement;
 (c) if the initiating party is an employer who intends to try to make the proposed collective agreement under section 96B—the organisation or organisations who are proposed to be bound by the proposed collective agreement;
 (d) if the initiating party is an organisation of employees—the employer who is proposed to be bound by the proposed collective agreement;
 (e) if the initiating party is an employee acting on his or her own behalf and on behalf of other employees—the employer who is proposed to be bound by the proposed collective agreement and the employees whose employment will be subject to the proposed collective agreement.