Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_35
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 82839–83546

35  At the end of clause 25 of Schedule 7
Add:

 (4) To avoid doubt, a section 170MX award that has ceased to operate because of subclause (2) can operate again if:
 (a) the section 170MX award ceased to operate because it was replaced by a collective agreement (the replacement collective agreement); and
 (b) the replacement collective agreement later ceased to operate because it did not pass the fairness test.

Note 1: See sections 346Y and 346Z.

Note 2: Under subclause (1), a section 170MX award has no effect in relation to an employee while an AWA operates in relation to the employee, but once the AWA has for any reason ceased to operate, the section 170MX award is capable of operating again.