Document ID: chunk:federal_register_of_legislation:C2004A01390:clause:1_170nhc
Version: federal_register_of_legislation:C2004A01390
Segment Type: clause
Provision Reference: sch 1 cl 170NHC
Character Range: 3985–5906

170NHC  Definitions of permitted matter

Division 2 agreements and variations

 (1) For the purposes of this Division, a matter is a permitted matter in relation to:
 (a) an agreement purportedly made under Division 2 (including that Division as applied by subsection 5AA(2) or (3) or subsection 494(2)); or
 (b) a purported variation under Division 7 of such an agreement (including an agreement to which section 170NHA applies);
if the matter pertains to the relationship between:
 (c) an employer; and
 (d) all persons who, at any time when the agreement is in operation, are employed in a single business, or a part of a single business, of the employer and whose employment is subject to the agreement.

Division 3 agreements and variations

 (2) For the purposes of this Division, a matter is a permitted matter in relation to:
 (a) an agreement purportedly made under section 170LO; or
 (b) a purported variation under Division 7 of an agreement made under section 170LO (including an agreement to which section 170NHA applies);
if the matter is a term of the agreement or variation for:
 (c) settling or further settling all or any of the matters that are in dispute; or
 (d) maintaining a settlement of all or any of the matters that were in dispute, whether the settlement was made by an award, a certified agreement or otherwise; or
 (e) preventing further industrial disputes between the parties to the agreement.

 (3) For the purposes of this Division, a matter is a permitted matter in relation to:
 (a) an agreement purportedly made under section 170LP; or
 (b) a purported variation under Division 7 of an agreement made under section 170LP (including an agreement to which section 170NHA applies);
if the matter is a term of the agreement or variation for preventing the industrial situation to which the parties to the agreement are parties from giving rise to an industrial dispute involving them.