WORKPLACE RELATIONS ACT 1996 - SECT 346Q Workplace Authority Director must test varied agreement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346Q

             (1)  If an employer lodges a variation of a workplace agreement under section 346N, the Workplace Authority Director must decide under this section whether the workplace agreement as varied passes the no‑disadvantage test set out in section 346D.

             (2)  If the Workplace Authority Director decides under subsection (1) that a workplace agreement as varied passes the no‑disadvantage test, or that it does not pass the no‑disadvantage test, the Workplace Authority Director must notify the following of the decision:

                     (a)  the employer in relation to the workplace agreement;

                     (b)  if the workplace agreement is an ITEA--the employee whose employment is subject to the ITEA;

                     (c)  if the agreement is a union collective agreement, or a multiple‑business agreement that would be a union collective agreement but for subsection 331(1)--the organisation or organisations bound by the agreement.

             (3)  The notice must be in writing and must specify:

                     (a)  the date of issue of the notice; and

                     (b)  if the workplace agreement as varied passes the no‑disadvantage test--that the agreement as varied will come into operation on the seventh day after the date of issue specified in the notice; and

                     (c)  if the workplace agreement as varied does not pass the no‑disadvantage test--that the agreement has not come into operation because it does not pass the no‑disadvantage test.

Note 1:       Section 346ZH requires the employer to inform the employees concerned of the contents of the notice under this section in relation to a collective agreement.

Note 2:       See subsection 346J(1) for how the Workplace Authority Director makes decisions under this section.