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Old 2nd Sep 2019, 05:14
  #95 (permalink)  
theheadmaster
 
Join Date: Aug 2006
Location: Sydney
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Headmaster! Really? I can only give you the link. You have to be able to read and comprehend the information therein!
Providing a link does not prove an argument.

Incorrect. The bargaining agents are nominated by individuals. Please read the detail in the Act! Alas, you are wrong once again!
The Act states that the bargaining agent in this specific circumstance is a 'person'. The Act also makes specific reference to employee organisations representing employees. As I have stated, only employee organisations that are registered under the RO Act that cover an employee under the agreement can represent someone as a bargaining agent. As I said on my first post on this matter, there are three possibilities under the Act:

1. A bargaining representative is a registered organisation that covers employees working under the specific agreement (s176(1)(b)). Note also that s176(3)(b) specifically states that an official of an employee organisation cannot be the bargaining representative of an employee if that organisation is not entitled to represent that employee. As stated previously, to have that entitlement, the organisation has to be registered. The QPA is not registered, therefore cannot be a bargaining representative under s176(1)(b).

2. A bargaining representative is a person who is nominated by an employee working under the agreement (s176(1)(c). If you have read the Act, you will note that there is the word 'or' between s176(1)(b) and (c). This means that you can either be an organisation acting as a bargaining representative (and we have shown why this does not apply to QPA) or a bargaining representative that is a person nominated by an employee. As mentioned at point 1, that person cannot be an official of an organisation that is not entitled to represent the employees, to do so would be in breach of the Act.

3. Section 176(1)(4) clarifies that a nomination under s176(1)(c) can be someone nominating themselves. This section also gives an 'out' for someone who may otherwise not be able to represent themselves under s 176(3).

So, as I have previously stated, and as you have confirmed, people can nominate their own bargaining representative, but those representatives are individuals, not the QPA.

Wow! I am sorry this upsets You!
It does not upset me. I know that regardless of what I post, I will probably not convince you. However, I can at least separate the fact from the fiction for other people who happen to be interested in the discussion.

Last edited by theheadmaster; 2nd Sep 2019 at 05:50.
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