Document ID: chunk:federal_register_of_legislation:C2004A01104:clause:1_12
Version: federal_register_of_legislation:C2004A01104
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 6979–8059

12  Subsection 298Z(5)
Repeal the subsection, substitute:

 (5) An objectionable provision is:
 (a) a provision (however described) of an award or a certified agreement that requires or permits any conduct that would contravene this Part or that would (if Division 2 were disregarded) contravene this Part; or
 (b) a provision (however described) of a certified agreement that requires payment of a bargaining services fee.

 (6) For the purpose of determining whether a provision of an award or certified agreement is an objectionable provision, it does not matter whether that provision is void because of section 298Y.

 (7) In subsection (5):

permits includes:
 (a) purports to permit; and
 (b) has the effect of permitting; and
 (c) purports to have the effect of permitting.

requires includes:
 (a) purports to require; and
 (b) has the effect of requiring; and
 (c) purports to have the effect of requiring.

Note: The heading to section 298Z is altered by omitting "preference clauses" and substituting "objectionable provisions".

Part 2—Application provisions etc.