Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_31
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 31
Character Range: 376604–378179

31  Termination by approval general rule—continued application of lodgment provisions
(1) This item applies to a termination of a workplace determination, if the termination has been approved in accordance with section 386 of the WR Act (which deals with terminations by approval) before the WR Act repeal day, but not lodged in accordance with section 389 of that Act before that day.
Note: Under subsection 506(3) of the WR Act, a workplace determination can only be terminated under Subdivision B of Division 9 of Part 8 of that Act after the determination has passed its nominal expiry date.
(2) Despite the repeal of section 506 of the WR Act, the following provisions of that Act continue to apply in relation to the termination on and after the WR Act repeal day, as if that section had not been repealed:
 (a) subsection 381(2) (which deals with when a workplace determination is terminated);
 (b) subsections 384(4), (5) and (6) (which deal with non‑compliance with information requirements);
 (c) section 387 (which deals with lodgment of unapproved terminations);
 (d) Subdivision C of Division 9 of Part 8 (which deals with lodgment);
 (e) section 398 (which deals with the effect of non‑compliance);
 (f) subsection 401(1) and section 412A.
Note: The general effect of this provision is to preserve the Part 8 rules in relation to terminations of workplace determinations approved before the WR Act repeal day, subject to the modification set out in item 32. Terminations after that day are dealt with in Schedule 3 (which deals with transitional instruments).