Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 169

(1) This section does not apply to an amendment of the parties to the agreement, other than in a multi-employer agreement (a multi-employer amendment).

(2) The following persons may apply to the commission to amend a certified agreement—

(a) if 1 or more organisations are bound by the agreement—the employer and the 1 or more organisations;

(b) for a multi-employer amendment—the person who wants to become a party to the agreement (the new employer);

(c) otherwise—the employer.

(3) The commission must approve the amendment if, and only if, satisfied—

(a) the amendment has been approved by—

(i) for a multi-employer amendment—

(A) a valid majority of the new employer's employees whose employment will be subject to the amended agreement; and

(B) the other parties to the agreement, or their representative; or

(ii) for any other amendment—a valid majority of the relevant employees at the time; and

(b) the commission would be required to certify the agreement as amended if it were an agreement whose certification was applied for under this chapter.

(4) In applying subsection (3)(b)—

(a) a requirement about a majority of persons making or approving the agreement is taken to be satisfied; and

(b) section 158 is to be disregarded.

(5) The amendment takes effect when the commission's approval takes effect.

(6) The commission may, on application by a person bound by a certified agreement, amend a certified agreement—

(a) to remove ambiguity; or

(b) to include, omit or amend a term, however specified, that allows an employer to stand down an employee; or

(c) in another way, if—

(i) the following persons have agreed to the amendment—

(A) for an agreement between the employer and an employee organisation—the employer and organisation;

(B) for an agreement between the employer and employees—the employer and a valid majority of the relevant employees at the time; and

(ii) the commission is satisfied the amendment does not disadvantage the relevant employees; and

(iii) the commission is satisfied exceptional circumstances have arisen in the workplace that necessitate the amendment.

(7) A certified agreement may be amended only under—

(a) this section (including as it applies under section 170); or

(b) section 168; or

(c) section 171.