Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:15_42:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 15 cl 42 (pt 2/2)
Character Range: 1095219–1096780

civil remedy provision and may be enforced under Division 11 of Part VB as if the notional agreement were a workplace agreement.

Employment Advocate must remove prohibited content from agreement

 (9) If the Employment Advocate is satisfied that a term of the notional agreement contains prohibited content of the prescribed kind, the Employment Advocate must vary the agreement so as to remove that content.

 (10) In making a decision under subclause (9), the Employment Advocate must consider all written submissions (if any) received within the objection period from a person mentioned in subclause (6).

 (11) The Employment Advocate must not make the variation before the end of the objection period.

 (12) If the Employment Advocate decides to make the variation, he or she must:
 (a) give the persons mentioned in subclause (4) written notice of the decision, including the terms of the variation; and
 (b) publish a notice in the Gazette stating that the variation has been made and setting out particulars of the variation.

Employer must give employees notice of removal of prohibited content

 (13) An employer that has received a notice under subclause (12) must take reasonable steps to ensure that all persons whose employment is subject to the agreement when the employer receives the notice are given a copy of the notice within 21 days.

 (14) Subclause (13) is a civil remedy provision and may be enforced under Division 11 of Part VB as if the notional agreement were a collective agreement.

Division 4—Enforcing the notional agreement