• Specific Year
    Any

WORKPLACE RELATIONS ACT 1996 - SECT 344 Lodging of workplace agreement documents with the Workplace Authority Director

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 344

Lodging of workplace agreement documents with the Workplace Authority Director

             (1)  The employer in relation to a workplace agreement lodges the workplace agreement with the Workplace Authority Director if:

                     (a)  the employer lodges a declaration under subsection (2); and

                     (b)  the workplace agreement:

                              (i)  in the case of an ITEA--meets the signature requirements of subsection 340(1); or

                             (ii)  in the case of a collective agreement--meets the signature requirements of regulations made for the purposes of paragraph 418(e); and

                     (c)  a copy of the signed agreement is annexed to the declaration.

             (2)  An employer lodges a declaration with the Workplace Authority Director if:

                     (a)  the employer gives it to the Workplace Authority Director; and

                     (b)  it meets the form requirements mentioned in subsection (3).

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

             (3)  The Workplace Authority Director may, by notice published in the Gazette , set out requirements for the form of a declaration for the purposes of paragraph (2)(b).

             (4)  A declaration is given to the Workplace Authority Director for the purposes of subsection (2) only if the declaration is actually received by the Workplace Authority Director.

Note:          This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) and section 160 of the Evidence Act 1995 do not apply to lodgment of a declaration.

             (5)  The Workplace Authority Director is not required to consider or determine whether any of the requirements of this Part (other than Division 5A) have been met in relation to the making or content of anything annexed to a declaration lodged in accordance with subsection (2).