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
3. then been agreed to in a secret ballot held in accordance with this section.

4. The secret ballot must be—

5. held before the collective agreement comes into force; and
6. conducted jointly by the employer and union.

7. An employee is entitled to vote in a secret ballot if—

8. the work performed by the employee comes within the coverage clause in the collective agreement; and
9. the employee is—
   1. not a member of any union; or
   2. a member only of the union that is a party to the collective agreement with the employer.

10. For the purposes of a secret ballot, a ballot paper must contain, or have attached to it, a copy of the bargaining fee clause.

11. 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 1 December 2004, by section 30 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).