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69P: Interpretation
or “This explains what words mean when talking about workers paying unions for help with job deals.”

You could also call this:

“The boss and union must agree on a fee, then workers vote secretly to approve it.”

A bargaining fee clause is a special part of a work agreement. Before it can start working, two things need to happen. First, your boss and the union need to agree to put it in the work agreement. Then, you and your workmates need to vote on it in a secret ballot.

The secret vote must happen before the work agreement starts. Your boss and the union will run the vote together.

You can vote in the secret ballot if the work you do is covered by the agreement. You can also vote if you’re not in any union, or if you’re only in the union that’s part of this agreement with your boss.

When you vote, you’ll get a voting paper. This paper will have the bargaining fee clause written on it or attached to it.

For the bargaining fee clause to be accepted, most of the people who vote need to say yes to it.

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Next up: 69R: Employer to notify employees if bargaining fee clause agreed to

or “If a bargaining fee is agreed upon, the boss must tell workers about it and explain how it affects their job and pay.”

Part 6B Bargaining fees

69QBargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot

  1. A bargaining fee clause does not come into force unless the clause has—

  2. first been agreed to by the employer and the union in a collective agreement; and
    1. then been agreed to in a secret ballot held in accordance with this section.
      1. The secret ballot must be—

      2. held before the collective agreement comes into force; and
        1. conducted jointly by the employer and union.
          1. An employee is entitled to vote in a secret ballot if—

          2. the work performed by the employee comes within the coverage clause in the collective agreement; and
            1. the employee is—
              1. not a member of any union; or
                1. a member only of the union that is a party to the collective agreement with the employer.
                2. For the purposes of a secret ballot, a ballot paper must contain, or have attached to it, a copy of the bargaining fee clause.

                3. A bargaining fee clause is agreed to in a secret ballot if a majority of the employer's employees who vote, vote in favour of the clause.

                Notes
                • Section 69Q: inserted, on , by section 30 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).