Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:3_93ab:p1
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 3 cl 93AB (pt 1/2)
Character Range: 92137–94913

93AB  Notification of collective bargaining

Notice to Commission

 (1) A corporation that:
 (a) has made, or proposes to make, a contract (the initial contract) containing a provision of the kind referred to in paragraph 45(2)(a); or
 (b) proposes to give effect to a provision of a contract (the initial contract) where the provision is of the kind referred to in paragraph 45(2)(b);
may give the Commission a notice (the collective bargaining notice) setting out particulars of the contract or proposed contract, but only if the following 3 requirements are satisfied.

Note 1: Subsection (6) deals with the form etc. of a collective bargaining notice.

Note 2: Section 93AD sets out when a collective bargaining notice comes into force.

First—making of initial contract

 (2) First, the corporation must have made, or propose to make, the initial contract with 1 or more persons (the contracting parties) about:
 (a) the supply of particular goods or services to; or
 (b) the acquisition of particular goods or services from;
another person (the target) by the corporation and the contracting parties.

Second—making of contracts with target

 (3) Second, the corporation must reasonably expect that it will make 1 or more contracts with the target about:
 (a) the supply of 1 or more of those goods or services to; or
 (b) the acquisition of 1 or more of those goods or services from;
the target by the corporation.

Third—price of contracts with target

 (4) Third, the corporation must reasonably expect that:
 (a) in the case where the corporation reasonably expects to make only 1 contract with the target—the price for the supply or acquisition of those goods or services under that contract; or
 (b) in the case where the corporation reasonably expects to make 2 or more contracts with the target—the sum of the prices for the supply or acquisition of those goods or services under those contracts;
will not exceed $3,000,000, or such other amount as is prescribed by the regulations, in any 12 month period. The regulations may prescribe different amounts in relation to different industries.

Timing of reasonable expectation

 (5) The corporation must have the reasonable expectation referred to in subsections (3) and (4):
 (a) at the time of giving the collective bargaining notice; and
 (b) if the initial contract has been made—at the time it was made.

Form of notice etc.

 (6) To be valid, a collective bargaining notice must:
 (a) be in a form prescribed by the regulations and contain the information 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