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WORKPLACE RELATIONS ACT 1996 - SECT 368A Documents taken to be variations of workplace agreements etc.

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 368A

Documents taken to be variations of workplace agreements etc.

                   If a document:

                     (a)  is represented (expressly or by implication) to be a variation of a workplace agreement, or of a type of workplace agreement mentioned in section 326, 327, 328, 329, 330 or 331; and

                     (b)  could not come into operation under this Act as a variation of a workplace agreement, or as a variation of a workplace agreement of that type, even if the agreement as varied were to pass the no‑disadvantage test;

the document is taken to be a variation of a workplace agreement, or of a workplace agreement of that type, for the purposes of:

                     (c)  Division 3, Subdivisions B and C of this Division (other than section 375), Division 10 and Division 11 (other than sections 409 to 412A); and

                     (d)  any other provision of this Act, to the extent that the provision relates to the operation of any of the provisions mentioned in paragraph (c).

Note:          The Court can order under section 412A that a document is to have effect as a variation for the purposes of the entire Act.