Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_9
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 9
Character Range: 342903–345362

9  Modification—limits on varying variations for the purpose of passing the no‑disadvantage test
(1) Despite item 7, if, as at the WR Act repeal day:
 (a) a notice under section 346M of the WR Act about whether the agreement as varied passes the no‑disadvantage test has not been given in relation to the variation; or
 (b) a notice under subsection 346M(2) of the WR Act stating that the agreement as varied does not pass the no‑disadvantage test has been given in relation to the variation, but a variation, for the purposes of passing that test, has not been made; or
 (c) a notice under subsection 346M(2) of the WR Act stating that the agreement as varied does not pass the no‑disadvantage test has been given in relation to the variation and a variation of the agreement, for the purposes of passing that test, has been made but has not been lodged;
then Division 5A of Part 8 of the WR Act, as that Division continues to apply because of item 7, has effect in relation to the variation, on and after the WR Act repeal day, subject to subitems (2) and (4).
(2) Section 346N of the WR Act, as that section continues to apply because of item 7, has effect in relation to the variation, on and after the WR Act repeal day, as if it provided that a variation for the purposes of passing the no‑disadvantage test set out in section 346D of that Act must be lodged under section 346N of that Act before the end of:
 (a) the period of 37 days beginning on whichever of the following days is later:
 (i) the WR Act repeal day;
 (ii) the date of issue specified in the notice under subsection 346M(2) of that Act in relation to the agreement as varied; or
 (b) if the period is extended under subitem (3)—the period as extended.
(3) The Workplace Authority Director may extend the period referred to in paragraph (2)(a) in relation to a particular variation in circumstances prescribed by the regulations.
(4) Section 346Q of the WR Act, as that section continues to apply because of item 7, has effect in relation to the variation, on and after the WR Act repeal day, as if it provided that the Workplace Authority Director must not consider under that section whether the agreement as varied passes the no‑disadvantage test unless the variation for the purposes of passing that test is lodged within the period referred to in paragraph (2)(a) or (b).

Division 3—Transitional provisions relating to pre‑WR Act repeal day terminations of collective agreements