• Specific Year
    Any

WORKPLACE RELATIONS ACT 1996 - SECT 346W Agreement does not pass no-disadvantage test--agreement in operation

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346W

Agreement does not pass no-disadvantage test--agreement in operation

             (1)  This section applies if:

                     (a)  the Workplace Authority Director decides under section 346D that the agreement does not pass the no‑disadvantage test; and

                     (b)  the agreement is in operation immediately before the date of the decision.

             (2)  The employer who is bound by the agreement may:

                     (a)  lodge a variation of the agreement with the Workplace Authority Director; or

                     (b)  in the case of an employer greenfields agreement--lodge a variation of the agreement by giving to the Workplace Authority Director a written undertaking in relation to the agreement.

             (3)  If the employer does not take the action referred to in subsection (2) within the relevant period in relation to the agreement, then at the end of that period:

                     (a)  the workplace agreement ceases to operate; and

                     (b)  the employee or employees whose employment was at any time subject to the agreement are, after the end of the relevant period in relation to the agreement, entitled to any compensation payable to the employee or employees under section 346ZG.

             (4)  Despite subsection (3), if:

                     (a)  because of subsection 346F(3), the Workplace Authority Director considered, and made a separate decision in respect of, both the workplace agreement and the workplace agreement as varied; and

                     (b)  the agreement did not pass the no‑disadvantage test, but the agreement as varied passed the no‑disadvantage test;

the agreement as varied continues in operation, and the employee or employees whose employment was at any time subject to the agreement, whether before or after the variation was lodged, are, after the end of the relevant period in relation to the agreement, entitled to any compensation payable to the employee or employees under section 346ZG.

             (5)  For the purposes of paragraph (2)(a), Division 8 does not apply to the variation of an agreement, except for sections 367, 368, 368A, 372, 373 and 374, paragraph 377(1)(b) and section 380A.

             (6)  For the purposes of paragraph 2(b), Division 8 does not apply to an undertaking given to the Workplace Authority Director in relation to an employer greenfields agreement.

             (7)  In this section:

"relevant period" , in relation to a workplace agreement, means:

                     (a)  the period of 30 days beginning on the seventh day after the date of issue specified in the notice under section 346U in relation to the workplace agreement; or

                     (b)  if a longer period is prescribed by the regulations for the purposes of this paragraph--that period; or

                     (c)  if the period referred to in paragraph (a) or (b) is extended under subsection (8) in relation to the workplace agreement--the period as extended.

             (8)  The Workplace Authority Director may extend the period referred to in paragraph (7)(a) or (b), as the case requires, in relation to a particular workplace agreement in circumstances prescribed by the regulations.