WORKPLACE RELATIONS ACT 1996 - SECT 346ZD Redundancy provisions and section 394 undertakings

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346ZD

             (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)  If, immediately before the day on which the original agreement was lodged, the employer was bound, under a designated provision relating to the agreement, by a redundancy provision in relation to an employee whose employment was subject to the original agreement, the employer is taken:

                     (a)  to be bound, under the designated provision, by the redundancy provision in relation to the employee on and from the cessation day; and

                     (b)  to continue to be so bound until the earliest of the following:

                              (i)  the end of the period of 24 months beginning on the first day on which the employer became bound, under the designated provision, by the redundancy provision;

                             (ii)  the time when the employee ceases to be employed by the employer;

                            (iii)  the time when another workplace agreement comes into operation in relation to the employee and the employer.

             (3)  If, immediately before the day on which the original agreement was lodged, the employer was bound by an undertaking under subsection 394(1) in relation to an employee whose employment was subject to the original agreement, the employer is taken:

                     (a)  to be bound under section 394 by the undertaking in relation to the employee on and from the cessation day; and

                     (b)  to continue to be so bound until the earlier of the following:

                              (i)  the time when the employee ceases to be employed by the employer;

                             (ii)  the time when another workplace agreement comes into operation in relation to the employee and the employer.

             (4)  In this section:

"designated provision" , in relation to a workplace agreement, means any of the following:

                     (a)  section 399A;

                     (b)  clause 6A of Schedule 7;

                     (c)  clause 20A of Schedule 7;

                     (d)  clause 21A of Schedule 8;

                     (e)  clause 21D of Schedule 8;

that, after the agreement is terminated, continues the effect of a redundancy provision that was included in the agreement.

"redundancy provision" means a redundancy provision within the meaning of any of the following:

                     (a)  section 399A;

                     (b)  clause 6A of Schedule 7;

                     (c)  clause 20A of Schedule 7;

                     (d)  clause 21A of Schedule 8;

                     (e)  clause 21D of Schedule 8.