Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346n
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346N
Character Range: 37035–38269

346N  Agreements to be tested as at lodgment date

 (1) In deciding whether a workplace agreement passes, or does not pass, the fairness test, the Workplace Authority Director must consider the agreement as in force immediately after lodgment.

 (2) In deciding whether a workplace agreement as varied passes, or does not pass, the fairness test, the Workplace Authority Director must consider the agreement as in force immediately after the variation was lodged.

 (3) If:
 (a) the Workplace Authority Director is required by section 346E to decide under section 346M whether a workplace agreement passes the fairness test; and
 (b) before the Workplace Authority Director decides whether the workplace agreement passes the fairness test, the Workplace Authority Director is required by section 346F to decide under section 346M whether the workplace agreement as varied passes the fairness test;
then:
 (c) the Workplace Authority Director must consider the workplace agreement and the workplace agreement as varied as part of the same process; and
 (d) 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.