Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346f:p1
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346F (pt 1/2)
Character Range: 20886–23413

346F  Workplace Authority Director must apply the fairness test to certain workplace agreements as varied

 (1) The Workplace Authority Director must decide under section 346M whether an AWA as varied under Division 8 passes the fairness test if:
 (a) the variation of the AWA is lodged on or after 7 May 2007; and
 (b) on the date of lodgment of the variation:
 (i) the employer bound by the AWA as varied is bound by an award in respect of the terms and conditions of the kind of work performed or to be performed by the employee; or
 (ii) the employee whose employment is subject to the AWA as varied is employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee are usually regulated by an award, or would, but for a workplace agreement or another industrial instrument, usually be regulated by an award; and
 (c) on the date of lodgment of the variation:
 (i) in the case of a full‑time employee, other than a full‑time employee who is paid a piece rate of pay—the annual rate of salary payable to the employee under the AWA as varied is less than $75,000; or
 (ii) in the case of a full‑time employee who is paid a piece rate of pay—the annual full‑time salary payable to the employee under the AWA as varied, worked out in accordance with section 346G, is less than $75,000; or
 (iii) in the case of an employee not covered by subparagraph (i) or (ii)—the annual full‑time equivalent amount of salary payable to the employee under the AWA as varied, worked out in accordance with section 346G, is less than $75,000; and
 (d) the variation excludes or modifies one or more protected award conditions that apply to the employee under a reference award in relation to the employee.

Note: Paragraph (d) will not be satisfied if there is no reference award in relation to the employee.

 (2) The Workplace Authority Director must decide under section 346M whether a collective agreement as varied under Division 8 passes the fairness test if:
 (a) the variation of the collective agreement is lodged on or after 7 May 2007; and
 (b) on the date of lodgment of the variation:
 (i) the employer bound by the collective agreement as varied is bound by an award in respect of the terms and conditions of the kind of work performed or to be performed by the one or more of the employees; or
 (ii) one or more of the employees whose employment is subject to the collective agreement as varied is employed in an industry or occupation in which the terms