Subdivision B Various matters that are
prohibited content

8.5 Various matters

(1) A term of a workplace agreement is prohibited
content to the extent that it deals with the following:

(a) deductions from the pay or wages of an
employee bound by the agreement of trade union membership subscriptions or
dues;

(b) the provision of payroll deduction
facilities for the subscriptions or dues referred to in paragraph (a);

(c) employees bound by the agreement receiving
leave to attend training (however described) provided by a trade union;

(d) employees bound by the agreement receiving
paid leave to attend meetings (however described) conducted by or made up of
trade union members;

(e) the renegotiation of a workplace agreement;

(f) the rights of an organisation of employers
or employees to participate in, or represent an employer or employee bound by
the agreement in, the whole or part of a dispute settling procedure, unless the
organisation is the representative of the employer’s or employee’s choice;

(g) the rights of an official of an organisation
of employers or employees to enter the premises of the employer bound by the
agreement;

(h) restrictions on the engagement of independent contractors and
requirements relating to the conditions of their engagement;

(i) restrictions on the engagement of labour
hire workers, and requirements relating to the conditions of their engagement,
imposed on an entity or person for whom the labour hire worker performs work
under a contract with a labour hire agency;

(j) the
forgoing of annual leave credited to an employee bound
by the agreement otherwise than in accordance with the Act;

(k) the provision of information about employees
bound by the agreement to a trade union, or a member acting in a representative
capacity, officer, or employee of a trade union, unless provision of that
information is required or authorised by law.

Note In these Regulations a reference to an independent contractor is not
confined to a natural person (see subsection 4 (2) of the Act).

Terms that encourage or
discourage union membership

(2) A term of a workplace agreement is prohibited
content to the extent that it:

(a) directly or indirectly requires a person
bound by the agreement:

(i) to encourage another person bound by the
agreement to become, or remain, a member of an industrial association; or

(ii) to discourage another person bound by the
agreement from becoming, or remaining, a member of an industrial association;
or

(b) requires a person bound by the agreement to
indicate support, or lack of support, for persons bound by the agreement being
members of an industrial association.

Terms allowing for
industrial action

(3) A term of a workplace agreement is prohibited content to the extent
that it permits a person bound by the agreement to engage in or organise
industrial action.

Terms dealing with disclosure of details of
workplace agreement

(4) A term of a workplace agreement is prohibited content to the extent
that it prohibits or restricts disclosure of details of the workplace agreement
by a person bound by the agreement.

Terms providing for remedies
for unfair dismissal

(5) A term of a workplace agreement is prohibited content to the extent
that it confers a right or remedy in relation to the termination of employment
of an employee bound by the agreement for a reason that is harsh, unjust or
unreasonable.

(6) To avoid doubt, a term is not prohibited
content under subregulation (5) to the extent that it provides a process for
managing an employee’s performance or conduct.

Objectionable provisions

(7) A term of a workplace agreement is prohibited content to the extent
that it is an objectionable provision within the meaning of the Act.

Note Section 810 of the Act
deals with objectionable provisions.

Term concerning AWA

(8) A term of a workplace agreement is prohibited content to the extent
that it directly or indirectly restricts the ability of a person bound by the
agreement to offer, negotiate or enter into an AWA.

Peter Fray

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