Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7b_601a
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7B cl 601A
Character Range: 101553–103922

601A  No decision under section 346D at time of transmission

 (1) This section applies if a workplace agreement that is in operation becomes binding upon a new employer and a transferring employee or transferring employees, because of the operation of section 583 or 585, before the Workplace Authority Director has decided whether the agreement passes the no‑disadvantage test under section 346D.

 (2) Subject to subsection (4), for the purposes of deciding under section 346D whether the workplace agreement passes the no‑disadvantage test, references to the employer in the following provisions:
 (a) section 346D;
 (b) the definitions of relevant collective instrument and relevant general instrument in section 346E;
 (c) section 346J;
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 on the new employer and the transferring employee or transferring employees; and
 (b) the Workplace Authority Director is required to give a notice under section 346M, 346U or 346Z 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.

 (4) If the Workplace Authority Director decides under section 346D that the workplace agreement does not pass the no‑disadvantage test:
 (a) references in section 346W to the employer bound by the workplace agreement are taken to be references to the new employer; and
 (b) to avoid doubt, if the new employer subsequently lodges a variation of the workplace agreement under section 346W then, for the purposes of deciding under section 346Z whether the workplace agreement as varied passes the no‑disadvantage test, references to the employer in the following provisions:
 (i) section 346D;
 (ii) the definitions of relevant collective instrument and relevant general instrument in section 346E;
 (iii) section 346J;
  are taken to be references to the old employer.

Note 1: The employment arrangements that have effect in relation to the new employer and the transferring employee or transferring employees are as set out in section 601D.

Note 2: The compensation payable to the transferring employees under section 346ZG by both the old employer and the new employer is as specified in subsections 346ZG(2), (3) and 601G(1).