WORKPLACE RELATIONS ACT 1996 - SCHEDULE 7B Transitional arrangements for existing collective agreements

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SCHEDULE 7B

Note:       See section 8

1   Definitions

                   In this Schedule:

"fairness test" means the test set out in section 346M of the pre-transition Act.

"pre-transition Act" means this Act as in force immediately before the commencement of this Schedule.

"pre-transition collective agreement" means a collective agreement made before the commencement of this Schedule that:

                     (a)  was lodged with the Workplace Authority Director before that commencement; or

                     (b)  is lodged, in accordance with section 344 of the pre‑transition Act, within 14 days after that commencement;

but does not include a collective agreement made after that commencement.

2   Continuing operation of fairness test and protected award conditions to pre‑transition collective agreements

             (1)  Subject to this Schedule, the following provisions of the pre‑transition Act continue to apply in relation to a pre‑transition collective agreement, despite the repeals and amendments made by the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 :

                     (a)  paragraph 150B(1)(f);

                     (b)  subsection 164A(7);

                     (c)  Division 5A of Part 8;

                    (ca)  subsections 347(1) and (2);

                     (d)  paragraphs 347(4)(ba) and (bb);

                     (e)  subsections 347(8A) and (9A);

                      (f)  section 354;

                     (g)  section 355;

                     (h)  paragraph 367(2)(aa);

                      (i)  paragraphs 407(2)(jb) to (jd);

                      (j)  sections 416 to 418;

                     (k)  subsection 506(5);

                      (l)  any other provision relating to the operation of the provisions mentioned in the preceding paragraphs.

             (2)  Regulations made under the pre‑transition Act, to the extent that they relate to the provisions mentioned in subclause (1), continue to apply in relation to a pre‑transition collective agreement.

             (3)  To the extent that provisions of the pre‑transition Act, and the regulations made under the pre‑transition Act, continue to apply in relation to a pre‑transition collective agreement, the corresponding provisions of this Act do not apply to the agreement.

             (4)  The provisions of this Act (other than the corresponding provisions referred to in subclause (3)) apply in relation to a pre‑transition collective agreement as if references in those provisions to the no‑disadvantage test were references to the fairness test.

3   Application of this Schedule to variations of pre‑transition collective agreements

                   Clause 2 of this Schedule does not apply in relation to a variation of a pre‑transition collective agreement unless the variation:

                     (a)  was lodged with the Workplace Authority Director before the commencement of this Schedule; or

                     (b)  is made before that commencement and is lodged, in accordance with section 377 of the pre‑transition Act, within 14 days after that commencement.