Document ID: chunk:federal_register_of_legislation:C2025C00189:section:93ab:p3
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 93AB (pt 3/4)
Character Range: 1299871–1302477

When a notice may not be given
 (8) A corporation may not give a collective bargaining notice in relation to a contract or proposed contract if:
 (a) it has applied for an authorisation in relation to the contract or proposed contract; and
 (b) the Commission has made a determination dismissing the application; and
 (c) either:
 (i) the Tribunal has made a determination on an application for a review of the Commission's determination; or
 (ii) the time for making such an application for review has ended without the making of an application.

Notice is invalid if given by union etc. on behalf of the corporation
 (9) A notice given by a corporation under subsection (1A) or (1) is not a valid collective bargaining notice if it is given, on behalf of the corporation, by:
 (a) a trade union; or
 (b) an officer of a trade union; or
 (c) a person acting on the direction of a trade union.

Invalid collective bargaining notice
 (10) If the Commission receives a purported collective bargaining notice that it considers is not a valid collective bargaining notice, it must, within 5 business days of receiving the purported notice, give the person who made the purported notice a written notice:
 (a) stating that the person has not given a valid collective bargaining notice; and
 (b) giving reasons why the purported collective bargaining notice does not comply with this Division.
 (10A) The Commission must, as soon as practicable after receiving a valid collective bargaining notice, give a copy of the notice to the target.

Purpose/effect of a provision
 (10B) Subsections 45AD(6), (7), (8) and (10) apply for the purposes of paragraphs (1A)(a) and (c) in a corresponding way to the way in which they apply for the purposes of Division 1 of Part IV.

Purpose of a provision
 (10C) Subsections 45AD(7), (9) and (11) apply for the purposes of paragraphs (1A)(b) and (d) in a corresponding way to the way in which they apply for the purposes of Division 1 of Part IV.

Definition
 (11) In this section:
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
trade union means the following:
 (a) an association of employees that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009;
 (b) an association of employees that is registered or recognised as a trade union (however described) under the law of a State or Territory;
 (c) an association of employees a principal purpose of which is the protection and promotion of the employees' interests in matters concerning their employment.