Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_4
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 4
Character Range: 335273–337269

4  Modification—unlodged collective agreements must be lodged within 14 days
(1) Despite item 3, if the collective agreement is an unlodged collective agreement:
 (a) the Workplace Authority Director must not consider whether the agreement passes the no‑disadvantage test under section 346D of the WR Act, as that section continues to apply because of item 3, unless:
 (i) the agreement is lodged before the end of the period (the cut‑off period) of 14 days referred to in subsection 342(1) or (2) of that Act; and
 (ii) for a union collective agreement—the agreement was approved before the WR Act repeal day; and
 (b) if the agreement is not lodged before the end of the cut‑off period, it does not come into operation; and
 (c) subsection 342(3) of the WR Act (which deals with a civil remedy for late lodgment), as that subsection continues to apply because of item 3, does not apply to the lodgment of the agreement.
Note: The general effect of this provision is that unlodged collective agreements (other than union collective agreements) must be lodged within 14 days of being made in order to come into operation. Unlodged union collective agreements must have been approved before the WR Act repeal day and be lodged within 14 days of that approval in order to come into operation. However, late lodgment will not give rise to a civil remedy.
(2) If the collective agreement is lodged after the end of the cut‑off period, the Workplace Authority Director must give a written notice, stating that the agreement cannot come into operation because it was lodged after the end of the cut‑off period, to the following:
 (a) the employer to which the agreement would have applied if it had come into operation;
 (b) if the agreement is a union collective agreement or a multiple‑business agreement that would be a union collective agreement but for subsection 331(1) of the WR Act—the organisation or organisations that would have been covered by the agreement if it had come into operation.