Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346zg:p2
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346ZG (pt 2/2)
Character Range: 54672–57146

(d) the employee's employment was subject to any other applicable law, agreement or arrangement that would have operated in conjunction with the instrument or instruments referred to in subparagraph (a)(i), or the designated award referred to in subparagraph (a)(ii), as the case requires.

 (4) An employer breaches this section if the employer does not pay to the employee the amount of the shortfall calculated under subsection (2) within whichever of the following periods is applicable:
 (a) if the employee is entitled to compensation because of the operation of section 346V in respect of the workplace agreement—the period of 14 days beginning on the seventh day after the date of issue specified in the notice under section 346U in relation to the workplace agreement;
 (b) if the employee is entitled to compensation because of the operation of section 346W in respect of the workplace agreement—the period of 14 days beginning at the end of the relevant period (within the meaning of section 346W) in relation to the workplace agreement;
 (c) if the employee is entitled to compensation because of the operation of section 346ZA in respect of the workplace agreement—the period of 14 days beginning on the seventh day after the date of issue specified in the notice under section 346Z in relation to the workplace agreement.

Note: Compliance with this section is dealt with in Part 14—this section is an applicable provision within the meaning of section 717.

 (5) In this section:

designated provision has the same meaning as in section 346ZD.

instrument has the same meaning as in section 346ZB.

no‑disadvantage test period, in relation to a workplace agreement, means:
 (a) the period:
 (i) beginning on the day on which the workplace agreement was lodged; and
 (ii) ending on the day on which the workplace agreement ceased to operate (whether because of the operation of this Division or otherwise); or
 (b) if the workplace agreement is continued in operation because of the operation of subsection 346W(4) or section 346ZA—the period:
 (i) beginning on the day on which the workplace agreement was lodged; and
 (ii) ending on the day on which the variation of the workplace agreement was lodged under section 346W or, if the workplace agreement had been varied before that day in such a way as to pass the no‑disadvantage test, on that earlier day.

redundancy provision has the same meaning as in section 346ZD.

Subdivision F—Civil remedy provisions