Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109l
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109L
Character Range: 423297–424555

109L  Application not to be granted unless certain conditions are met

Commission must be satisfied of various matters

 (1) The Commission must grant an application for a ballot order if, and must not grant the application unless, it is satisfied that:
 (a) during the bargaining period, the applicant genuinely tried to reach agreement with the employer of the relevant employees; and
 (b) the applicant is genuinely trying to reach agreement with the employer; and
 (c) the applicant is not engaged in pattern bargaining.

Note 1: An application for a ballot order must comply with the requirements set out in Subdivision B.

Note 2: To work out when a bargaining period began, see section 107D.

Note 3: For other provisions relating to pattern bargaining, see:

(a) section 107H; and

(b) section 108D; and

(c) section 111A.

When Commission has discretion to refuse application

 (2) Despite subsection (1), the Commission may refuse the application if it is satisfied:
 (a) that granting the application would be inconsistent with the object of this Division (see section 109); or
 (b) that the applicant, or a relevant employee, has at any time contravened a provision of this Division or an order made, or direction given, under this Division.