WORKPLACE RELATIONS ACT 1996 - SECT 346G Designated awards--before a workplace agreement or variation is lodged

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346G

             (1)  The Workplace Authority Director may, on application by an employer, determine that an award is a designated award for an employee or class of employees of the employer.

             (2)  The Workplace Authority Director may make a determination under this section only if the Workplace Authority Director is satisfied that:

                     (a)  the employee or employees are or may be employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee or employees:

                              (i)  are usually regulated by an award; or

                             (ii)  would, but for a workplace agreement or another industrial instrument having come into operation, usually be regulated by an award; and

                     (b)  unless there is a designated award for the employee or employees, there would be no reference instrument relating to the employee or employees; and

                     (c)  there is an award that satisfies the requirements specified in subsection (4).

             (4)  An award or awards determined by the Workplace Authority Director under this section:

                     (a)  must be an award or awards regulating, or that would, but for a workplace agreement or another industrial instrument having come into operation, regulate, terms or conditions of employment of employees engaged in the same kind of work as the work performed or to be performed by the employee or employees; and

                     (b)  must, in the opinion of the Workplace Authority Director, be an award or awards that would be appropriate for the purpose referred to in paragraph 346H(3)(b) if a workplace agreement or a variation of a workplace agreement were lodged; and

                     (c)  must not be an award that regulates the terms and conditions of employment in a single business only (being the single business specified in the award).

             (5)  An award determined under this section in relation to an employee or employees is taken to be the designated award determined by the Workplace Authority Director under section 346H in relation to the employee or employees if the employer later lodges a workplace agreement, or a variation of a workplace agreement, in relation to the employee or the employees.

             (6)  Despite subsection (5), the Workplace Authority Director may determine under section 346H that another award is a designated award in relation to the employee, or in relation to some or all of the employees, if:

                     (a)  the Workplace Authority Director becomes aware of information that was not available to the Workplace Authority Director at the time of the determination under subsection (1); and

                     (b)  the Workplace Authority Director is satisfied that, had that information been available to the Workplace Authority Director at that time, the Workplace Authority Director would have determined under subsection (1) the other award to be the designated award.

             (7)  The Workplace Authority Director may determine different awards under subsection (1) in relation to different employees.

             (8)  In this section, a reference to an employee or employees of an employer includes a reference to a person or persons who may become an employee or employees of the employer.

             (9)  A determination made under this section is not a legislative instrument.