Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_97a
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 97A
Character Range: 275624–276392

97A  Bargaining agents—AWAs

 (1) An employer or employee may appoint a person to be his or her bargaining agent in relation to the making, variation or termination of an AWA. The appointment must be made in writing.

Note: Subsection 104(3) provides a civil remedy for coercion in relation to appointments under this subsection.

 (2) Subject to subsection (3), an employer or employee must not refuse to recognise a bargaining agent duly appointed by the other party for the purposes of subsection (1).

 (3) Subsection (2) does not apply if the person refusing has not been given a copy of the bargaining agent's instrument of appointment before the refusal.

 (4) Subsection (2) is a civil remedy provision.

Note: See Division 11 for provisions on enforcement.