Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346p
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346P
Character Range: 38269–40197

346P  Workplace Authority Director must notify of decision

 (1) If the Workplace Authority Director decides under section 346M that a workplace agreement passes the fairness test, the Workplace Authority Director must notify the following of the decision:
 (a) the employer in relation to the workplace agreement;
 (b) if the workplace agreement is an AWA—the employee whose employment is subject to the AWA;
 (c) if the agreement is a union collective agreement or a union greenfields agreement—the organisation or organisations bound by the agreement.

 (2) If the Workplace Authority Director decides under section 346M that a workplace agreement does not pass the fairness test, the Workplace Authority Director must notify the persons referred to in paragraphs (1)(a), (b) and (c) of the decision.

 (3) If the Workplace Authority Director decides under section 346M that a workplace agreement does not pass the fairness test, the notice must also:
 (a) in the case of a workplace agreement that is in operation on the date of issue specified in the notice—contain advice as to how the agreement could be varied to pass the fairness test (including by way of an undertaking); and
 (b) in any case—state that compensation may be payable by the employer to the employee or employees under section 346ZD.

 (4) If subsection 346N(3) requires the Workplace Authority Director to consider, and make a separate decision in respect of, both a workplace agreement and the workplace agreement as varied, the notice under this section must deal with both agreements.

 (5) A notice under this section:
 (a) must be in writing; and
 (b) must specify the date of issue of the notice.

Note: Section 346ZE requires the employer to inform the employees concerned of the contents of a notice under this section in relation to a collective agreement.

Subdivision D—Consequences if a workplace agreement does not pass the fairness test