Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346za
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346ZA
Character Range: 59239–61171

346ZA  Redundancy provisions and section 394 undertakings

 (1) This section applies if, on a particular day (the cessation day), a workplace agreement (the original agreement) ceases to operate under section 346R or 346W because the original agreement does not pass the fairness test.

 (2) If, immediately before the day on which the original agreement was lodged, the employer was bound under a designated provision by a redundancy provision in relation to an employee whose employment was subject to the original agreement, the employer is taken:
 (a) to be bound under the designated provision by the redundancy provision in relation to the employee on and from the cessation day; and
 (b) to continue to be so bound until the earliest of the following:
 (i) the end of the period of 12 months beginning on the first day on which the employer became bound under the designated provision by the redundancy provision;
 (ii) the time when the employee ceases to be employed by the employer;
 (iii) the time when another workplace agreement comes into operation in relation to the employee and the employer.

 (3) If, immediately before the day on which the original agreement was lodged, the employer was bound by an undertaking under subsection 394(1) in relation to an employee whose employment was subject to the original agreement, the employer is taken:
 (a) to be bound under section 394 by the undertaking in relation to the employee on and from the cessation day; and
 (b) to continue to be so bound until the earlier of the following:
 (i) the time when the employee ceases to be employed by the employer;
 (ii) the time when another workplace agreement comes into operation in relation to the employee and the employer.

 (4) In this section:

designated provision means a redundancy provision within the meaning of any of the following:
 (a) section 399A;
 (b) clause 6A of Schedule 7;
 (c) clause 20A of Schedule 7.