Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_98:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 98 (pt 1/2)
Character Range: 279085–281898

98  Providing employees with ready access and information statement

 (1) If an employer intends to have a workplace agreement (other than a greenfields agreement) approved under section 98C, the employer must take reasonable steps to ensure that all eligible employees in relation to the agreement either have, or have ready access to, the agreement in writing during the period:
 (a) beginning 7 days before the agreement is approved; and
 (b) ending when the agreement is approved.

 (2) The employer must take reasonable steps to ensure that all eligible employees in relation to the agreement are given an information statement at least 7 days before the agreement is approved.

 (3) Despite subsections (1) and (2), if the agreement is a collective agreement and a person becomes an eligible employee at a time during the period mentioned in subsection (1), the employer must take reasonable steps to ensure that:
 (a) the person is given an information statement at or before that time; and
 (b) the person either has, or has ready access to, the agreement in writing during the period:
 (i) beginning at that time; and
 (ii) ending when the agreement is approved under section 98C.

 (4) The information statement mentioned in subsection (2) and paragraph (3)(a) must contain:
 (a) information about the time at which and the manner in which the approval will be sought under section 98C; and
 (b) if the agreement is an AWA—information about the effect of section 97A (which deals with bargaining agents); and
 (c) if the agreement is an employee collective agreement—information about the effect of section 97B (which deals with bargaining agents); and
 (d) any other information that the Employment Advocate requires by notice published in the Gazette.

 (5) If a waiver has been made under section 98A in relation to the workplace agreement, subsection (1) and paragraph (3)(b) do not apply in relation to a time after the waiver takes effect.

 (6) For the purposes of this section, if the workplace agreement incorporates terms from an industrial instrument mentioned in subsection 101C(2), the eligible employees have ready access to the workplace agreement only if they have ready access to that instrument in writing.

 (7) To avoid doubt, if the content of the workplace agreement is changed during the period mentioned in subsection (1), the change results in a separate workplace agreement for the purposes of this section.

Note: If the content of an agreement for which the employer intends to seek approval is changed, the procedural steps set out in subsections (1), (2) and (3) must be repeated for the resulting separate agreement.

Contravention—ready access

 (8) An employer contravenes this subsection if:
 (a) the employer lodges a workplace agreement; and
 (b) the employer failed