Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_102c:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 102C (pt 1/2)
Character Range: 309527–312330

102C  Providing employees with ready access and information statement

 (1) If an employer intends to have a variation to a workplace agreement approved under section 102F, the employer must take reasonable steps to ensure that all eligible employees in relation to the variation either have, or have ready access to, the variation in writing during the period:
 (a) beginning 7 days before the variation is approved; and
 (b) ending when the variation is approved.

 (2) The employer must take reasonable steps to ensure that all eligible employees in relation to the variation are given an information statement at least 7 days before the variation is approved.

 (3) Despite subsections (1) and (2), if the variation is to a collective agreement and a person becomes an eligible employee at a time during the period mentioned in subsection (1), the employer must take reasonable steps to ensure that:
 (a) the person is given an information statement at or before that time; and
 (b) the person either has, or has ready access to, the variation in writing during the period:
 (i) beginning at that time; and
 (ii) ending when the variation is approved under section 102F.

 (4) The information statement mentioned in subsection (2) and paragraph (3)(a) must contain:
 (a) information about the time at which and the manner in which the approval will be sought under section 102F; and
 (b) if the relevant workplace agreement is an AWA—information about the effect of section 97A (which deals with bargaining agents); and
 (c) if the relevant workplace agreement is an employee collective agreement or employer greenfields agreement—information about the effect of section 97B (which deals with bargaining agents); and
 (d) any other information that the Employment Advocate requires by notice published in the Gazette.

 (5) If a waiver has been made under section 102D in relation to the variation, subsection (1) and paragraph (3)(b) do not apply in relation to a time after the waiver takes effect.

 (6) For the purposes of this section, if because of the variation, the agreement as varied would incorporate terms from an industrial instrument mentioned in subsection 101C(2), the eligible employees have ready access to the variation only if they have ready access to that instrument in writing.

 (7) To avoid doubt, if the content of the variation is changed during the period mentioned in subsection (1), the change results in a separate variation for the purposes of this section.

Note: If the content of a variation for which the employer intends to seek approval is changed, the procedural steps set out in subsections (1), (2) and (3) must be repeated for the resulting separate variation.

Contravention—ready access

 (8) An employer contravenes this subsection if:
 (a) the employer