Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346l
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346L
Character Range: 30923–33613

346L  Designated awards—after a workplace agreement or variation is lodged

 (1) This section applies to a workplace agreement if:
 (a) in the case of an AWA:
 (i) the AWA satisfies the requirements set out in paragraphs 346E(1)(a), (b) and (c); and
 (ii) there is no relevant award in relation to the employee whose employment is subject to the AWA; or
 (b) in the case of a collective agreement:
 (i) the collective agreement satisfies the requirements set out in paragraphs 346E(2)(a) and (b); and
 (ii) there is no relevant award in relation to one or more employees whose employment is subject to the collective agreement; or
 (c) a variation of the workplace agreement was lodged on or after 7 May 2007, and:
 (i) if the workplace agreement is an AWA—the AWA as varied satisfies the requirements set out in paragraphs 346F(1)(b) and (c) and subparagraph (a)(ii) of this subsection; or
 (ii) if the workplace agreement is a collective agreement—the collective agreement as varied satisfies the requirements set out in paragraph 346F(2)(b) and subparagraph (b)(ii) of this subsection.

 (2) The Workplace Authority Director must determine that an award is a designated award in relation to the employee or employees whose employment is subject to the agreement:
 (a) to ascertain whether or not the Workplace Authority Director is required to decide under section 346M whether the workplace agreement, or the workplace agreement as varied, passes the fairness test; and
 (b) if the Workplace Authority Director is so required, for the purpose of deciding whether the workplace agreement, or the workplace agreement as varied, passes the fairness test;
unless the Workplace Authority Director is satisfied that there is no award that satisfies the requirements specified in subsection (3).

Note: For specification by class, see section 46 of the Acts Interpretation Act 1901.

 (3) An award or awards determined by the Workplace Authority Director under this section:
 (a) must be an award or awards regulating, or that would, but for a workplace agreement or another industrial instrument, regulate, terms or conditions of employment of employees engaged in the same kind of work as the work performed by the employee or employees under the workplace agreement concerned; and
 (b) must, in the opinion of the Workplace Authority Director, be appropriate for the purposes referred to in subsection (2); and
 (c) must not be an enterprise award.

 (4) The Workplace Authority Director may determine different awards under subsection (2) in relation to different employees.

 (5) A determination made under this section is not a legislative instrument.

Subdivision C—The fairness test