Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346zc
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346ZC
Character Range: 48134–49076

346ZC  Effect of section 346ZB in relation to instruments

  If, because of the operation of section 346ZB, an employer and an employee or employees, as the case requires, are taken to be bound by an instrument, the instrument is taken, despite any other provision of this Act, to operate again, or to have effect again, as the case requires, in relation to the employer and the employee or employees, on and from the cessation day.

Note 1: The following provisions operate in a similar way for other instruments:

(a) subclause 3(5A) of Schedule 7 (pre‑reform certified agreements);

(b) subclause 25(4) of Schedule 7 (section 170MX awards);

(c) subclause 28(5) of Schedule 7 (old IR agreements).

Note 2: An award has no effect in relation to an employee while a workplace agreement operates in relation to the employee (see section 349), but once the workplace agreement has ceased to operate, the award is capable of operating again.