Section 179 — Fair Work Act 2009: Disclosure by organisations that are bargaining representatives

(1) If: (a) an organisation is a bargaining representative for a proposed enterprise agreement that is not a greenfields agreement; and (b) the organisation is not an employer that will be covered by the agreement; and (c) as a direct or indirect consequence of the operation of one or more terms of the agreement (the beneficial terms), the organisation or a person mentioned in subsection (2) will, or can reasonably be expected to, receive or obtain (directly or indirectly) a section 179 disclosable benefit (each such person is a beneficiary); the organisation must take all reasonable steps to ensure that, in the time required by subsection (3), each employer that will be covered by the agreement is given a document in accordance with subsection (4). Note: This subsection is a civil remedy provision (see Part 4-1). (2) For the purposes of paragraph (1)(c), the persons are any of the following: (a) a related party of the organisation (other than a related party prescribed by the regulations); (b) a person or body prescribed by the regulations for the purposes of this paragraph. (3) The document must be given to the employers a reasonable time before the voting process referred to in subsection 181(1) starts for the agreement. (4) The document must: (a) itemise the beneficial terms; and (b) describe the nature and (as far as reasonably practicable) amount of each section 179 disclosable benefit in relation to each beneficiary; and (c) name each beneficiary; and (d) be in accordance with any other requirements prescribed by the regulations for the purposes of this paragraph; and (e) be given in a manner (if any) prescribed by the regulations. (5) An organisation that gives a document under subsection (1) must not knowingly or recklessly make a false or misleading representation in the document. Note: This subsection is a civil remedy provision (see Part 4-1). (6) A section 179 disclosable benefit is any financial benefit, other than a financial benefit that is: (a) payable to an individual as an employee covered by the agreement; or (b) payment of a membership fee for membership of an organisation; or (c) prescribed by the regulations for the purposes of this paragraph.