WORKPLACE RELATIONS ACT 1996 - SECT 357 Employer must not lodge agreement containing prohibited content

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 357

             (1)  An employer contravenes this subsection if:

                     (a)  the employer lodges a workplace agreement (or a variation to a workplace agreement); and

                     (b)  the agreement (or the agreement as varied) contains prohibited content; and

                     (c)  the employer was reckless as to whether the agreement (or the agreement as varied) contains prohibited content.

             (2)  Subsection (1) does not apply if:

                     (a)  before the agreement (or variation) was lodged, the Workplace Authority Director advised the employer that the agreement (or the agreement as varied) did not contain prohibited content; and

                     (b)  that advice was in the form specified in regulations made for the purposes of this subsection.

             (3)  Subsection (1) is a civil remedy provision.

Note:          See Division 11 for provisions on enforcement.