Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346k
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346K
Character Range: 28188–30923

346K  Designated awards—before a workplace agreement or variation is lodged

 (1) The Workplace Authority Director may, on application by an employer, determine that an award is a designated award in relation to an employee or employees of the employer.

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

 (2) The Workplace Authority Director may make a determination under this section only if the Workplace Authority Director is satisfied that:
 (a) the employee or employees are or may be employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee or employees:
 (i) are usually regulated by an award; or
 (ii) would, but for a workplace agreement or another industrial instrument, usually be regulated by an award; and
 (b) there is no relevant award in relation to the employee or employees; and
 (c) there is an award that satisfies the requirements specified in subsection (3).

 (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 or to be performed by the employee or employees; and
 (b) must, in the opinion of the Workplace Authority Director, be an award or awards that would be appropriate for the purposes referred to in subsection 346L(2) if a workplace agreement or a variation of a workplace agreement were lodged; and
 (c) must not be an enterprise award.

 (4) An award determined under this section in relation to an employee or employees is taken to be the designated award determined by the Workplace Authority Director under section 346L in relation to the employee or employees if the employer later lodges a workplace agreement, or a variation of a workplace agreement, in relation to the employee or the employees.

 (5) Despite subsection (4), the Workplace Authority Director may determine under section 346L that another award is a designated award in relation to the employee, or in relation to some or all of the employees, if the Workplace Authority Director is satisfied that it is necessary in all the circumstances to do so.

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

 (7) In this section, a reference to an employee or employees of an employer includes a reference to a person or persons who may become an employee or employees of the employer.

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