Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346u
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346U
Character Range: 45909–48637

346U  Workplace Authority Director must test varied agreement

 (1) If an employer lodges a variation of a workplace agreement under section 346R, the Workplace Authority Director must decide under this section whether the workplace agreement as varied passes the fairness test set out in section 346M.

 (2) If the Workplace Authority Director decides under subsection (1) that a workplace agreement as varied passes the fairness test, the Workplace Authority Director must notify the following of the decision:
 (a) the employer in relation to the workplace agreement;
 (b) if the workplace agreement is an AWA—the employee whose employment is subject to the AWA;
 (c) if the agreement is a union collective agreement or a union greenfields agreement—the organisation or organisations bound by the agreement.

 (3) If the Workplace Authority Director decides under subsection (1) that a workplace agreement as varied does not pass the fairness test, the Workplace Authority Director must notify the persons referred to in paragraphs (2)(a), (b) and (c) of the decision.

 (4) A notice under this section must be in writing and must specify:
 (a) the date of issue of the notice; and
 (b) if the workplace agreement as varied passes the fairness test:
 (i) that the workplace agreement continues in operation; and
 (ii) that the workplace agreement was varied by way of a variation or a written undertaking, as the case may be; and
 (iii) that the employee or employees whose employment is, or was at any time, subject to the workplace agreement are, on and from the date of issue of the notice, entitled to any compensation payable to the employee or employees under section 346ZD; and
 (c) if the workplace agreement as varied does not pass the fairness test:
 (i) that, if the workplace agreement was in operation immediately before the date of issue of the notice—the agreement ceases to operate on the date of issue of the notice; and
 (ii) that the employee or employees whose employment was at any time subject to the workplace agreement are, on and from the date of issue of the notice, entitled to any compensation payable to the employee or employees under section 346ZD.

Note: Section 346ZE requires the employer to inform the employees concerned of the contents of a notice under this section in relation to a collective agreement.

 (5) In deciding under this section whether a workplace agreement passes, or does not pass, the fairness test, the Workplace Authority Director may inform himself or herself in any way he or she considers appropriate including (but not limited to) contacting the employer and the employee, or some or all of the employees, whose employment is subject to the workplace agreement.