Document ID: chunk:federal_register_of_legislation:C2025C00150:section:179
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 179
Character Range: 532167–534461

179  Disclosure by organisations that are bargaining representatives
 (1) If:
 (a) an organisation is a bargaining representative for a proposed enterprise agreement that is not a greenfields agreement; and
 (b) the organisation is not an employer that will be covered by the agreement; and
 (c) as a direct or indirect consequence of the operation of one or more terms of the agreement (the beneficial terms), the organisation or a person mentioned in subsection (2) will, or can reasonably be expected to, receive or obtain (directly or indirectly) a section 179 disclosable benefit (each such person is a beneficiary);
the organisation must take all reasonable steps to ensure that, in the time required by subsection (3), each employer that will be covered by the agreement is given a document in accordance with subsection (4).
Note: This subsection is a civil remedy provision (see Part 4‑1).
 (2) For the purposes of paragraph (1)(c), the persons are any of the following:
 (a) a related party of the organisation (other than a related party prescribed by the regulations);
 (b) a person or body prescribed by the regulations for the purposes of this paragraph.
 (3) The document must be given to the employers a reasonable time before the voting process referred to in subsection 181(1) starts for the agreement.
 (4) The document must:
 (a) itemise the beneficial terms; and
 (b) describe the nature and (as far as reasonably practicable) amount of each section 179 disclosable benefit in relation to each beneficiary; and
 (c) name each beneficiary; and
 (d) be in accordance with any other requirements prescribed by the regulations for the purposes of this paragraph; and
 (e) be given in a manner (if any) prescribed by the regulations.
 (5) An organisation that gives a document under subsection (1) must not knowingly or recklessly make a false or misleading representation in the document.
Note: This subsection is a civil remedy provision (see Part 4‑1).
 (6) A section 179 disclosable benefit is any financial benefit, other than a financial benefit that is:
 (a) payable to an individual as an employee covered by the agreement; or
 (b) payment of a membership fee for membership of an organisation; or
 (c) prescribed by the regulations for the purposes of this paragraph.