Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:3_93ab:p2
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 3 cl 93AB (pt 2/2)
Character Range: 94668–96975

required by the form; and
 (b) be accompanied by any other information or documents prescribed by the regulations; and
 (c) be accompanied by the fee (if any) prescribed by the regulations.

Notice given by, or on behalf of, contracting persons

 (7) A collective bargaining notice may be expressed to be given on behalf of one or more of the contracting parties, but only if those parties could have given the notice on their own behalf. If the notice is so expressed, then it is also taken to have been given by those parties.

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 (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.

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 has the meaning given by subsection 4(1) of the Workplace Relations Act 1996.