Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_11
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 11
Character Range: 346638–347975

11  Modification—unlodged terminations must be lodged within 14 days
(1) Despite item 10, if a termination to which that item applies is an unlodged termination:
 (a) the termination does not come into operation unless it is lodged before the end of the 14 day period (the cut‑off period) referred to in subsection 388(1) of the WR Act as that subsection continues to apply because of item 10; and
 (b) subsection 388(2) of the WR Act (which deals with a civil remedy for late lodgment), as that subsection continues to apply because of item 10, does not apply to the termination.
Note: The general effect of this provision is that unlodged terminations must be lodged within 14 days of being made in order to come into operation. However, late lodgment will not give rise to a civil remedy.
(2) If the termination is lodged after the end of the cut‑off period, the Workplace Authority Director must give a written notice, stating that the termination cannot come into operation because it was lodged after the end of the cut‑off period, to the following:
 (a) the employer to which the agreement applies;
 (b) 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) of the WR Act—the organisation or organisations covered by the agreement.