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WORKPLACE RELATIONS ACT 1996 - SECT 346ZB Employment arrangements that apply if a workplace agreement ceases to operate because it does not pass no-disadvantage test

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346ZB

Employment arrangements that apply if a workplace agreement ceases to operate because it does not pass no-disadvantage test

             (1)  This section applies if, on a particular day (the cessation day ), a workplace agreement (the original agreement ) ceases to operate under section 346W or 346ZA because the original agreement does not pass the no‑disadvantage test.

             (2)  The employer and the employee or employees who were bound by the original agreement immediately before the cessation day are taken, on and from the cessation day, to be bound by:

                     (a)  the instrument or instruments that, but for the original agreement having come into operation, would have bound the employer and the employee or employees on and from the cessation day; or

                     (b)  if there is no instrument of a kind referred to in paragraph (a) in relation to the employer and one or more of the employees--the designated award in relation to that employee or those employees.

Note 1:       A workplace agreement binds all persons whose employment is, at any time when the agreement is in operation, subject to the agreement (see paragraph 351(b)). A collective agreement may therefore bind an employer in relation to existing and future employees.

Note 2:       See section 601D for the employment arrangements that would apply in a transmission of business context.

             (3)  If the original agreement is a workplace agreement as varied under Division 8, the workplace agreement as in force before the variation was lodged is, despite section 346ZE, capable of being an instrument described in paragraph (2)(a).

             (4)  An instrument that has ceased to operate in relation to an employee or employees is capable of being an instrument described in paragraph (2)(a) only if the reason it ceased to operate was because the original agreement came into operation in relation to the employee or employees.

             (5)  In this section:

"instrument" means any of the following:

                     (a)  a workplace agreement;

                     (b)  an award;

                     (c)  a workplace determination;

                     (d)  an employment agreement within the meaning of section 887;

                     (e)  a pre‑reform certified agreement (within the meaning of Schedule 7);

                      (f)  a common rule continued in operation under Schedule 6;

                     (g)  a transitional Victorian reference award (within the meaning of Part 7 of Schedule 6);

                     (h)  a transitional award (within the meaning of Schedule 6) other than a Victorian reference award (within the meaning of that Schedule) to the extent that the award regulates excluded employers in respect of the employment of employees in Victoria;

                      (i)  a section 170MX award (within the meaning of Schedule 7);

                      (j)  an old IR agreement (within the meaning of Schedule 7);

                     (k)  a preserved State agreement (within the meaning of Schedule 8);

                      (l)  a notional agreement preserving State awards (within the meaning of Schedule 8).