Document ID: chunk:federal_register_of_legislation:C2007A00107:clause:1_346z
Version: federal_register_of_legislation:C2007A00107
Segment Type: clause
Provision Reference: sch 1 cl 346Z
Character Range: 57228–59239

346Z  Effect of sections 346Y and 346YA in relation to instruments

 (1) If, because of the operation of section 346Y, 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: Subsections 347(7A), (8A) and (9A) modify the rule that an AWA or a collective agreement that has ceased to operate can never operate again.

Note 2: The following provisions operate in a similar way for other instruments:

(a) subsection 506(5) (workplace determinations);

(b) subsection 890(3) (employment agreements within the meaning of section 887);

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

(d) subclause 18(5) of Schedule 7 (pre‑reform AWAs);

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

(f) subclause 27(2) of Schedule 7 (exceptional matters orders);

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

Note 3: 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.

 (2) If, because of the operation of section 346YA, a new employer and a transferring employee or transferring employees are taken to be bound by an instrument, the instrument is taken, despite any other provision of this Act, to have effect in relation to the new employer and the transferring employee or employees throughout the period:
 (a) beginning on the cessation day; and
 (b) ending at the end of the transmission period in relation to the business being transferred;
as if the new employer and the transferring employee or transferring employees had become bound by the instrument under Part 11, Schedule 6 or Schedule 9, as the case requires.