WORKPLACE RELATIONS ACT 1996 - SECT 348 Relationship between overlapping workplace agreements

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 348

             (1)  Only one workplace agreement can have effect at a particular time in relation to a particular employee.

             (2)  A collective agreement has no effect in relation to an employee while an ITEA operates in relation to the employee.

             (3)  If:

                     (a)  a collective agreement (the first agreement ) binding an employee is in operation; and

                     (b)  another collective agreement (the later agreement ) binding the employee is lodged before the nominal expiry date of the first agreement;

the later agreement has no effect in relation to the employee until the nominal expiry date of the first agreement.

Note:          After that date, the first agreement ceases operating in relation to the employee (see subsection 347(5)), and the later agreement takes effect in relation to the employee.