WORKPLACE RELATIONS ACT 1996 - SECT 373 Approval of a variation to a workplace agreement
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 373
Approval of a variation to a workplace agreement(1) A variation to an ITEA is approved if:
(a) the variation is signed and dated by the employee and the employer; and
(b) those signatures are witnessed; and
(c) if the employee is under the age of 18 years:
(i) the variation is signed and dated by an appropriate person (such as a parent or guardian of the employee, but not the employer) on behalf of the employee, for the purpose of indicating that person's consent to the employee making the variation; and
(ii) that person is aged at least 18 years; and
(iii) that person's signature is witnessed.
(2) A variation to a collective agreement is approved if:
(a) the employer has given all of the persons employed at the time whose employment:
(i) is subject to the agreement; or
(ii) will, or would but for the operation of an ITEA that has passed its nominal expiry date, be subject to the agreement as varied;
a reasonable opportunity to decide whether they want to approve the variation; and
(b) either:
(i) if the decision is made by a vote--a majority of those persons who cast a valid vote decide that they want to approve the variation; or
(ii) otherwise--a majority of those persons decide that they want to approve the variation.