Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:1_346m
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 1 cl 346M
Character Range: 27535–29622

346M  Workplace Authority Director must notify of decision

 (1) If the Workplace Authority Director decides under section 346D that the agreement passes the no‑disadvantage test, then:
 (a) the Workplace Authority Director must notify the following of the decision:
 (i) the employer in relation to the agreement;
 (ii) if the agreement is an ITEA—the employee whose employment is subject to the ITEA;
 (iii) if the agreement is a union collective agreement or a multiple‑business agreement that would be a union collective agreement but for subsection 331(1)—the organisation or organisations bound by the agreement; and
 (b) the notice must also state that the agreement comes into operation on the seventh day after the date of issue specified in the notice.

 (2) If the Workplace Authority Director decides under section 346D that the agreement does not pass the no‑disadvantage test, then:
 (a) the Workplace Authority Director must notify the following of the decision:
 (i) the employer in relation to the agreement;
 (ii) if the agreement is an ITEA—the employee whose employment is subject to the ITEA;
 (iii) if the agreement is a union collective agreement or a multiple‑business agreement that would be a union collective agreement but for subsection 331(1)—the organisation or organisations bound by the agreement; and
 (b) the notice must also:
 (i) state that the agreement has not come into operation because it does not pass the no‑disadvantage test; and
 (ii) contain advice as to how the agreement could be varied to pass the no‑disadvantage test.

 (3) If subsection 346F(3) requires the Workplace Authority Director to consider, and make a separate decision in respect of, both a workplace agreement and the workplace agreement as varied, the notice under this section must deal with both agreements.

 (4) A notice under this section:
 (a) must be in writing; and
 (b) must specify the date of issue of the notice.

Note: Section 346ZH requires the employer to inform the employees concerned of the contents of the notice in relation to a collective agreement.