Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346db
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346DB
Character Range: 16360–17527

346DB  Transmission of business—where no decision on a varied agreement under section 346U at time of transmission

 (1) This section applies if:
 (a) the Workplace Authority Director is required to decide under section 346U whether a workplace agreement as varied passes the fairness test; and
 (b) before the Workplace Authority Director makes the decision, the workplace agreement becomes binding upon a new employer and a transferring employee or transferring employees because of the operation of section 583 or 585.

 (2) For the purposes of deciding under section 346U whether the workplace agreement as varied passes the fairness test, references in section 346M to the employer are taken to be references to the old employer.

 (3) If:
 (a) the Workplace Authority Director has been notified that the workplace agreement is binding upon the new employer and a transferring employee or transferring employees; and
 (b) the Workplace Authority Director is required to give a notice under section 346U to the employer in relation to the workplace agreement;
the Workplace Authority Director must give the notice to both the old employer and the new employer.