Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_21
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 21
Character Range: 362493–364756

21  General rule—continued application of Part 8 to making of ITEAs
(1) Despite the repeal of Part 8 of the WR Act, an ITEA may, during the bridging period, be made under Division 2 of that Part as if that Part had not been repealed.
(2) The following provisions of Part 8 of the WR Act continue to apply in relation to the ITEA on and after the WR Act repeal day:
 (a) Divisions 1 to 5A of Part 8 (which deal with the making and lodgment of workplace agreements and the no‑disadvantage test), other than sections 346ZJ and 346ZK (which deal with dismissing an employee if an agreement does not pass that test);
 (b) subsections 347(1) and (3) (which deal with when a workplace agreement comes into operation);
 (c) section 347A (which deals with the operation of workplace agreements);
 (d) Division 7 of Part 8 (which deals with content rules), other than sections 353 (which deals with dispute settlement) and 358 (which deals with prohibited content being void);
 (e) subsections 400(3) and (5), subsection 401(1) and section 412A.
Note 1: The general effect of this provision is to permit ITEAs to be made during the bridging period and to preserve the Part 8 rules about lodgment, the no‑disadvantage test and prohibited content, subject to the modifications set out in this Division. The rules about variation and termination of ITEAs on and after the WR Act repeal day, and certain other rules, are contained in Schedule 3 (which deals with transitional instruments).
Note 2: The rules requiring an ITEA to include dispute settlement procedures and about prohibited content being void continue to apply under subitem 4(1) of Schedule 3 (which deals with instrument content rules for transitional instruments).
(3) The provisions referred to in subitem (2) do not apply to an ITEA lodged after the end of the bridging period.
(4) If the ITEA is lodged after the end of the bridging period, the Workplace Authority Director must give a written notice, stating that the ITEA cannot come into operation because the ITEA was lodged after the end of the bridging period, to the following:
 (a) the employer to which the ITEA would have applied if it had come into operation;
 (b) the employee to whom the ITEA would have applied if it had come into operation.