Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7b_601b
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7B cl 601B
Character Range: 103922–105149

601B  No decision on a varied agreement under section 346Z at time of transmission

 (1) This section applies if a workplace agreement as varied becomes binding upon a new employer and a transferring employee or transferring employees, because of the operation of section 583 or 585, before the Workplace Authority Director has decided whether the agreement as varied passes the no‑disadvantage test under section 346Z.

 (2) For the purposes of deciding under section 346Z whether the workplace agreement as varied passes the no‑disadvantage test, references to the employer in the following provisions:
 (a) section 346D;
 (b) the definitions of relevant collective instrument and relevant general instrument in section 346E;
 (c) section 346J;
are taken to be references to the old employer.

 (3) If:
 (a) the Workplace Authority Director has been notified that the workplace agreement is binding upon the new employer and a transferring employee or transferring employees; and
 (b) the Workplace Authority Director is required to give a notice under section 346Z to the employer in relation to the workplace agreement;
the Workplace Authority Director must give the notice to both the old employer and the new employer.