Document ID: chunk:federal_register_of_legislation:C2008A00008:clause:7b_412a
Version: federal_register_of_legislation:C2008A00008
Segment Type: clause
Provision Reference: sch 7B cl 412A
Character Range: 95989–97498

412A  Court may give effect to purported workplace agreements etc.

 (1) The Court may order that:
 (a) a document to which section 324A applies that was lodged with the Workplace Authority Director is to have effect as a workplace agreement for the purposes of this Act; or
 (b) a document to which section 368A applies that was lodged with the Workplace Authority Director is to have effect as a variation of a workplace agreement for the purposes of this Act; or
 (c) a document to which section 381A applies that was lodged with the Workplace Authority Director is to have effect as a termination of a workplace agreement for the purposes of this Act.

 (2) However, the Court must not make an order under this section unless it is satisfied that the order would not reduce any employee's overall terms and conditions of employment.

 (3) In deciding for the purposes of subsection (2) whether an order will disadvantage an employee, the Court is to take into account any reference instruments (within the meaning of Division 5A) that relate to the employee.

 (4) An order under this section:
 (a) is taken to have had effect from a date specified in the order that is earlier than the date of the order; or
 (b) has effect from a date specified in the order that is later than the date of the order; or
 (c) otherwise—has effect from the date of the order.

 (5) The date specified in the order must not be earlier than the date of lodgment of the document to which section 324A, 368A or 381A applies.