Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346j
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346J
Character Range: 24918–26499

346J  Matters taken into account when testing agreement etc.

 (1) In deciding under section 346D, 346Q or 346Z whether a workplace agreement, or a workplace agreement as varied, passes, or does not pass, the no‑disadvantage test, the Workplace Authority Director:
 (a) must have regard to the work obligations of the employee or employees under the workplace agreement; and
 (b) may inform himself or herself in any way he or she considers appropriate including (but not limited to) contacting any of the following:
 (i) the employer;
 (ii) the employee, or some or all of the employees, whose employment is subject to the workplace agreement;
 (iii) a bargaining agent in relation to the agreement;
 (iv) in the case of a union collective agreement or a union greenfields agreement—the organisation or organisations bound by the agreement.

 (2) In deciding whether to determine that an award is a designated award in relation to an employee or employees of an employer, the Workplace Authority Director may inform himself or herself in any way he or she considers appropriate including (but not limited to) contacting any of the following:
 (a) the employer;
 (b) the employee or employees;
 (c) if the determination would be made under section 346H—a bargaining agent in relation to the agreement;
 (d) if the determination would be made under section 346H in relation to a union collective agreement or a union greenfields agreement—the organisation or organisations bound by the agreement.

Subdivision C—Agreements that operate from approval, and variations of agreements