Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_100:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 100 (pt 1/2)
Character Range: 288343–291062

100  When a workplace agreement is in operation

 (1) A workplace agreement comes into operation on the day the agreement is lodged.

 (2) A workplace agreement comes into operation even if the requirements in Divisions 3 and 4 and section 99 have not been met in relation to the agreement.

 (3) A multiple‑business agreement comes into operation only if it has been authorised under section 96F.

 (4) A workplace agreement ceases to be in operation if:
 (a) it is terminated in accordance with Division 9; or
 (b) in the case of an AWA—it is replaced by another AWA; or
 (c) the Court declares it to be void under paragraph 105F(a).

 (5) A collective agreement ceases to be in operation in relation to an employee if it has:
 (a) passed its nominal expiry date; and
 (b) been replaced by another collective agreement in relation to that employee.

Note: Part VIAA sets out the circumstances in which a workplace agreement binding an employer because of transmission of business will cease to operate.

 (6) A multiple‑business agreement ceases to operate in relation to a single business (or a part of a single business) if:
 (a) the multiple‑business agreement came into operation on a particular day; and
 (b) a collective agreement (other than a multiple‑business agreement) was lodged on a later day; and
 (c) the multiple‑business agreement and the collective agreement apply in relation to the same single business (or the same part of the single business).

 Example: Employers A, B and C lodge a multiple‑business agreement which has a nominal expiry date 5 years after it is lodged. Six months later employer B lodges a collective agreement that applies in relation to its single business. This means that the multiple‑business agreement ceases to operate in relation to that single business.

 (7) If a workplace agreement has ceased operating under subsection (4), it can never operate again.

 (8) If a workplace agreement has ceased operating in relation to an employee because of subsection (5), the agreement can never operate again in relation to that employee.

 (9) If a multiple‑business agreement has ceased operating in relation to a single business (or a part of a single business), the agreement can never operate again in relation to that single business (or part of a business).

 (10) If:
 (a) a person or entity is the employer bound by a workplace agreement; and
 (b) the person or entity ceases to be an employer within the meaning of subsection 4AB(1);
the agreement ceases to be in operation.

 (11) Despite subsection (10), if the agreement mentioned in that subsection is a multiple‑business agreement, it ceases to be in operation only in relation to a single business or part of a