WORKPLACE RELATIONS ACT 1996 - SCHEDULE 7A Transitional arrangements for existing AWAs
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SCHEDULE 7A
Transitional arrangements for existing AWAsNote: See section 8
1 Definitions
(1) In this Schedule:
"AWA" has the meaning that was given by sections 4 and 326 of the pre-transition Act, but does not include:
(a) an agreement made after the commencement of this Schedule; or
(b) a pre‑reform AWA within the meaning of Schedule 7.
"pre-transition Act" means this Act as in force immediately before the commencement of this Schedule.
(2) For the purposes of this Schedule, an agreement ceases to be an AWA unless:
(a) it was lodged with the Workplace Authority Director before the commencement of this Schedule; or
(b) it is lodged, in accordance with section 344 of the pre‑transition Act, within 14 days after that commencement.
(3) Paragraph 333(a) and subsection 340(1) of the pre‑transition Act apply to working out, for the purposes of the definition of AWA in subclause (1), when an agreement was made.
2 Continuing operation of AWAs
(1) Subject to this Schedule, the pre‑transition Act continues to apply in relation to an AWA despite the repeals and amendments made by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 .
(2) However, subclause (1) does not apply in relation to the following provisions of the pre‑transition Act:
(a) the definition of Australian workplace agreement , or the definition of AWA , in subsection 4(1);
(c) section 467;
(d) section 399;
(e) Part 11;
(f) Schedule 6;
(g) Schedule 7;
(h) Schedule 8;
(i) Schedule 9;
(j) any other provision to the extent that it relates to the operation of the provisions mentioned in the preceding paragraphs.
Note: The application of Schedules 6, 7, 8 and 9 to AWAs is dealt with in those Schedules.
(3) Regulations made under the pre‑transition Act continue to apply in relation to an AWA, except to the extent that they relate to the provisions mentioned in subclause (2).
(4) To avoid doubt, nothing in this Schedule permits an agreement made after the commencement of this Schedule to be treated as an AWA.
(1) Despite the definition of bargaining agent in subsection 4(1) of the pre‑transition Act, an appointment of a bargaining agent ceases to have effect 14 days after the commencement of this Schedule if the appointment relates to:
(a) making an AWA; or
(b) varying an AWA (other than varying an AWA in circumstances referred to in paragraph 367(2)(aa), (b), (c) or (d) of the pre‑transition Act).
(1A) However, paragraph 405(1)(e) of the pre‑transition Act continues to apply in relation to a person whose appointment has ceased to have effect under subclause (1), as if the person continues to be a bargaining agent.
(2) Despite subsection 334(1) of the pre‑transition Act, an appointment of a bargaining agent made later than 14 days after the commencement of this Schedule is of no effect if the appointment relates to:
(a) making an AWA; or
(b) varying an AWA (other than varying an AWA in circumstances referred to in paragraph 367(2)(aa), (b), (c) or (d) of the pre‑transition Act).
4 Effect of late lodgment of AWAs
Despite subsection 347(2) of the pre‑transition Act, an AWA comes into operation only if:
(a) it was lodged with the Workplace Authority Director before the commencement of this Schedule; or
(b) it is lodged, in accordance with section 344 of the pre‑transition Act, within 14 days after the commencement of this Schedule.
(1) Despite Division 8 of Part 8 of the pre‑transition Act, a variation of an AWA cannot be made after the commencement of this Schedule.
Note: Under section 368 of the pre‑transition Act, a variation of an AWA was made when it was approved in accordance with section 373 of the pre‑transition Act.
(2) Despite subsection 380(2) of the pre‑transition Act, a variation of an AWA comes into operation only if:
(a) it was lodged with the Workplace Authority Director before the commencement of this Schedule; or
(b) it is lodged, in accordance with section 377 of the pre‑transition Act, within 14 days after the commencement of this Schedule.
(3) However, this clause does not prevent:
(a) variation of an AWA in circumstances referred to in paragraph 367(2)(aa), (b), (c) or (d) of the pre‑transition Act; or
(b) the application of subsection 380(2) of the pre‑transition Act in relation to a variation of an AWA in any of those circumstances.
(1) An AWA ceases to be in operation if it is replaced by an ITEA.
(2) If an AWA has ceased operating because of subclause (1), it can never operate again.
(3) Subclause (1) does not limit the operation of paragraph 347(4)(a), (ba), (bb) or (c) of the pre‑transition Act for the purposes of this Schedule.
(4) To avoid doubt, despite paragraph 347(4)(b) of the pre‑transition Act, an AWA cannot be replaced by another AWA made after the commencement of this Schedule.
7 Workplace Authority Director to notify of ineffective AWAs and variations
(1) If:
(a) a purported AWA made after the commencement of this Schedule is lodged with the Workplace Authority Director; or
(b) an AWA is lodged with the Workplace Authority Director after the end of a period of 14 days after the commencement of this Schedule;
the Workplace Authority Director must notify the parties to the agreement that lodgment of the agreement has not been accepted and that the purported AWA or AWA is not in operation.
(2) If:
(a) a purported variation made to an AWA after the commencement of this Schedule is lodged with the Workplace Authority Director; or
(b) a variation made to an AWA is lodged with the Workplace Authority Director after the end of a period of 14 days after the commencement of this Schedule;
the Workplace Authority Director must notify the parties to the agreement that lodgment of the variation has not been accepted and that the purported variation or variation is not in operation.
(3) However, subclause (2) does not apply to a variation of an AWA in circumstances referred to in paragraph 367(2)(aa), (b), (c) or (d) of the pre‑transition Act.
8 Effect of AWAs on making and approving collective agreements etc.
(1) Despite clause 2 of this Schedule, the following provisions of this Act apply as if references in those provisions to an ITEA that has passed its nominal expiry date included references to an AWA that has passed its nominal expiry date:
(a) section 327;
(aa) paragraph 336(b);
(b) paragraph 340(2)(a);
(c) paragraph 367(1)(b);
(d) subparagraph 369(b)(ii);
(e) subparagraph 373(2)(a)(ii);
(f) subparagraph 467(1)(a)(iii);
(g) subparagraph 467(1)(b)(ii).
(2) Despite clause 2 of this Schedule, subsection 467(2) of this Act applies as if the reference in that subsection to an ITEA whose nominal expiry date has not passed included a reference to an AWA whose nominal expiry date has not passed.