Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7b_368a
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7B cl 368A
Character Range: 88528–89578

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.