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WORKPLACE RELATIONS ACT 1996 - SECT 347 When a workplace agreement is in operation

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 347

When a workplace agreement is in operation

             (1)  A workplace agreement comes into operation at whichever of the following times is applicable:

                     (a)  for an ITEA to which subparagraph 326(2)(b)(i) or (ia) applies, a union greenfields agreement, an employer greenfields agreement or a multiple‑business agreement that would be such an agreement but for subsection 331(1)--the day the agreement is lodged;

                     (b)  for an ITEA to which subparagraph 326(2)(b)(ii) applies, an employee collective agreement, a union collective agreement or a multiple‑business agreement that would be such an agreement but for subsection 331(1)--the seventh day after the date of issue specified in the notice under subsection 346M(1) or 346Q(2) in relation to the agreement.

             (3)  A multiple‑business agreement comes into operation only if it has been authorised under section 332.

             (4)  A workplace agreement ceases to be in operation if:

                     (a)  it is terminated in accordance with Division 9; or

                     (b)  in the case of an ITEA--it is replaced by another ITEA; or

                    (ba)  in the case of an agreement to which paragraph (1)(a) applies--the Workplace Authority Director decides under section 346D that the agreement does not pass the no‑disadvantage test and the employer who is bound by the agreement does not take the action referred to in subsection 346W(2) within the relevant period (as defined in subsection 346W(7)) in relation to the agreement; or

                    (bb)  the Workplace Authority Director decides under section 346Z that the agreement as varied does not pass the no‑disadvantage test; or

                     (c)  the Court declares it to be void under paragraph 409(a).

             (5)  A collective agreement ceases to be in operation in relation to an employee if it has:

                     (a)  passed its nominal expiry date; and

                     (b)  been replaced by another collective agreement in relation to that employee.

Note:          Part 11 sets out the circumstances in which a workplace agreement binding an employer because of transmission of business will cease to operate.

             (6)  A multiple‑business agreement ceases to operate in relation to a single business (or a part of a single business) if:

                     (a)  the multiple‑business agreement came into operation on a particular day; and

                     (b)  a collective agreement (other than a multiple‑business agreement) was lodged on a later day; and

                     (c)  the multiple‑business agreement and the collective agreement apply in relation to the same single business (or the same part of the single business).

Example:    Employers A, B and C lodge a multiple‑business agreement which has a nominal expiry date 5 years after it is lodged. Six months later employer B lodges a collective agreement that applies in relation to its single business. This means that the multiple‑business agreement ceases to operate in relation to that single business.

             (7)  If a workplace agreement has ceased operating under subsection (4), it can never operate again.

Note:          However, a redundancy provision that was included in a workplace agreement that has ceased operating might be preserved for a period of up to 24 months (see section 399A).

             (8)  If a workplace agreement has ceased operating in relation to an employee because of subsection (5), the agreement can never operate again in relation to that employee.

             (9)  If a multiple‑business agreement has ceased operating in relation to a single business (or a part of a single business), the agreement can never operate again in relation to that single business (or part of a business).

           (10)  If:

                     (a)  a person or entity is the employer bound by a workplace agreement; and

                     (b)  the person or entity ceases to be an employer within the meaning of subsection 6(1);

the agreement ceases to be in operation.

           (11)  Despite subsection (10), if the agreement mentioned in that subsection is a multiple‑business agreement, it ceases to be in operation only in relation to a single business or part of a single business carried on by the person or entity.