Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p5
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 5/32)
Character Range: 60736–63616

to which a court may otherwise have regard, at law or in equity, in determining an employer's claim to have the loading amount taken into account.
 (4) A reference in this regulation to a relevant NES entitlement is a reference to an entitlement under the National Employment Standards that casual employees do not have.

Part 2‑4—Enterprise agreements

Division 3—Bargaining and representation during bargaining

2.04  Notice of employee representational rights—how notice is given
 (1) For subsection 173(5) of the Act, each of the following is a manner in which the employer for a proposed enterprise agreement may give employees who will be covered by the agreement notice of the right to be represented by a bargaining representative for the agreement.
 (2) The employer may give the notice to the employee personally.
 (3) The employer may send the notice by pre‑paid post to:
 (a) the employee's residential address; or
 (b) a postal address nominated by the employee.
 (4) The employer may send the notice to:
 (a) the employee's email address at work; or
 (b) another email address nominated by the employee.
 (5) The employer may send to the employee's email address at work (or to another email address nominated by the employee) an electronic link that takes the employee directly to a copy of the notice on the employer's intranet.
 (6) The employer may fax the notice to:
 (a) the employee's fax number at work; or
 (b) the employee's fax number at home; or
 (c) another fax number nominated by the employee.
 (7) The employer may display the notice in a conspicuous location at the workplace that is known by and readily accessible to the employee.
 (8) Subregulations (2) to (7) do not prevent the employer from using another manner of giving the notice to the employee.

2.05  Notice of employee representational rights—prescribed form
  For subsection 174(1A) of the Act, the notice of employee representational rights in Schedule 2.1 is prescribed.

2.06  Appointment of bargaining representatives—independence
  A bargaining representative of an employee must be:
 (a) free from control by the employee's employer or another bargaining representative; and
 (b) free from improper influence from the employee's employer or another bargaining representative.

Division 4—Approval of enterprise agreements

2.06AA  Disclosure of benefits by organisations and employers—requirements for documents

Disclosure by organisations that are bargaining representatives
 (1) For the purposes of paragraph 179(4)(d) of the Act, the document must:
 (a) set out the following for each section 179 disclosable benefit:
 (i) the name of the person who will or can reasonably be expected to provide the benefit (if known by the organisation);
 (ii) if it is not reasonably practicable to describe the amount of the benefit—the basis on which the amount is or will be determined;