Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346zd:p2
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346ZD (pt 2/3)
Character Range: 64333–67080

(d) the employee's employment was subject to any other applicable law, agreement or arrangement that would have operated in conjunction with the instrument or instruments referred to in subparagraph (a)(i), or the designated award referred to in subparagraph (a)(ii), as the case requires.

 (2B) If, because of the operation of section 583 or 585, the workplace agreement bound an old employer and a new employer in relation to the employment of a transferring employee during the fairness test period:
 (a) the transferring employee is entitled to be paid compensation by the old employer in respect of the period or periods during which the employee was employed by the old employer, worked out in accordance with the assumptions set out in subsection (2A); and
 (b) the transferring employee is entitled to be paid compensation by the new employer in respect of the period or periods during which the employee was employed by the new employer, worked out in accordance with the assumptions set out in subsection (2A), subject to the following modifications:
 (i) subparagraph (2A)(a)(i) is taken to refer to the instrument described in paragraph 346YA(2)(a); and
 (ii) a reference in paragraph (2A)(b) to a designated provision is taken to be a reference to section 598A or clause 27A of Schedule 9, as the case requires.

 (3) An employer breaches this section if the employer does not pay to the employee the amount of the shortfall calculated under subsection (2) within whichever of the following periods is applicable:
 (a) if the employee is entitled to compensation because of the operation of section 346Q in respect of the workplace agreement—the period of 14 days beginning on the date of issue specified in the notice under section 346P in relation to the workplace agreement;
 (b) if the employee is entitled to compensation because of the operation of section 346R in respect of the workplace agreement—the period of 14 days beginning at the end of the relevant period (within the meaning of section 346R) in relation to the workplace agreement;
 (c) if the employee is entitled to compensation because of the operation of section 346V, 346W or 346X in respect of the workplace agreement—the period of 14 days beginning on the date of issue specified in the notice under section 346U in relation to the workplace agreement.

Note: Compliance with this section is dealt with in Part 14—this section is an applicable provision within the meaning of section 717.

 (4) In this section:

designated provision has the same meaning as in section 346ZA.

fairness test period, in relation to a workplace agreement, means:
 (a) the period:
 (i) beginning on the day on which the workplace agreement was lodged; and
 (ii) ending on the day