Document ID: chunk:federal_register_of_legislation:C2024C00345:section:323h
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 323H
Character Range: 519057–520590

323H  Alteration of rules under scheme
 (1) This section applies in relation to an alteration of the rules of the Construction and General Division made under a scheme determined under section 323B(1).
 (2) Section 159 does not apply in relation to the alteration.
 (3) The administrator must, within 35 days after the alteration is made, or any longer period allowed by the General Manager, lodge with the FWC a notice setting out particulars of the alteration.
 (4) The notice must contain a declaration, signed by the administrator, that the alteration was made in accordance with the scheme and that the particulars set out in the notice are true and correct to the best knowledge and belief of the administrator.
 (5) If particulars of the alteration have been lodged with the FWC, the General Manager may, with the consent of the administrator, amend the alteration for the purpose of correcting a typographical, clerical or formal error.
 (6) The alteration does not take effect unless particulars of the alteration have been lodged with the FWC as required by subsections (3) and (4) and the General Manager has certified that, in the General Manager's opinion, the alteration:
 (a) has been made in accordance with the scheme; and
 (b) subject to the scheme and section 323F, complies with and is not contrary to this Act, the Fair Work Act, modern awards and enterprise agreements; and
 (c) is not otherwise contrary to law.
 (7) If certified under subsection (6), the alteration takes effect on the day of certification.