Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346f
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346F
Character Range: 16370–17686

346F  Agreements to be tested as at lodgment date

 (1) In deciding whether a workplace agreement passes, or does not pass, the no‑disadvantage test, the Workplace Authority Director must consider it as in existence or operation (as the case may be) immediately after lodgment.

 (2) In deciding whether a workplace agreement as varied passes, or does not pass, the no‑disadvantage test, the Workplace Authority Director must consider it as in existence or operation (as the case may be) immediately after the variation was lodged.

 (3) If a variation to a workplace agreement is lodged before the Workplace Authority Director has decided whether the agreement passes the no‑disadvantage test under section 346D:
 (a) the Workplace Authority Director must consider the workplace agreement and the workplace agreement as varied as part of the same process; and
 (b) to avoid doubt, the Workplace Authority Director must consider, and make a separate decision in respect of, both the workplace agreement and the workplace agreement as varied.

 (4) For the purposes of applying subsection 346D(1) or (2), assume that the employment relationship of the employee or employees referred to in either of those subsections was in existence immediately before the day on which the ITEA or collective agreement was lodged.