Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346d:p2
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346D (pt 2/2)
Character Range: 11787–13147

employment is subject to the agreement.

 (7) A collective agreement is taken to pass the no‑disadvantage test if there is no reference instrument in relation to any of the employees whose employment is subject to the agreement.

 (8) To avoid doubt, if there is a reference instrument in relation to one or more, but not all, of the employees whose employment is subject to a collective agreement:
 (a) in a case where the agreement passes the no‑disadvantage test under subsection (2)—it passes the test in relation to all employees whose employment is subject to the agreement; or
 (b) in a case where the agreement does not pass the no‑disadvantage test under subsection (2)—it does not pass the test in relation to any employees whose employment is subject to the agreement.

Note 1: In addition to the no‑disadvantage test, the Australian Fair Pay and Conditions Standard prevails over a workplace agreement to the extent to which the Australian Fair Pay and Conditions Standard provides a more favourable outcome for the employee or employees—see section 172.

Note 2: This section applies to a workplace agreement as varied under Division 8 in a corresponding way to the way in which it applies to a workplace agreement—see subsection 346B(2).

Note 3: See subsection 346J(1) for how the Workplace Authority Director makes decisions under this section.