Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:8_15:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 8 cl 15 (pt 1/2)
Character Range: 351792–354278

15  Modification—limits on variation of an ITEA that operates from approval for the purpose of passing the no‑disadvantage test
(1) Despite item 14, if the ITEA is a workplace agreement that operates from approval, the rules in this item also apply.
Note: The general effect of this item is that an ITEA that operates from approval can only be varied for the purpose of passing the no‑disadvantage test if a variation for that purpose is lodged within a specified period.
(2) If, as at the WR Act repeal day:
 (a) a notice under section 346M of the WR Act about whether the ITEA passes the no‑disadvantage test has not been given; or
 (b) a notice under subsection 346M(2) of the WR Act stating that the ITEA does not pass the no‑disadvantage test has been given but a variation of the ITEA, for the purposes of passing that test, has not been made; or
 (c) a notice under subsection 346M(2) of the WR Act stating that the ITEA does not pass the no‑disadvantage test has been given and a variation of the ITEA, for the purposes of passing that test, has been made but has not been lodged;
then Division 5A of Part 8 of the WR Act, as that Division continues to apply because of item 14, has effect in relation to the collective agreement subject to subitems (3) and (5).
(3) Section 346N of the WR Act, as that section continues to apply because of item 14, has effect in relation to the ITEA, on and after the WR Act repeal day, as if it provided that a variation for the purposes of passing the no‑disadvantage test set out in section 346D of that Act must be lodged under section 346N of that Act before the end of:
 (a) the period of 37 days beginning on whichever of the following days is later:
 (i) the WR Act repeal day;
 (ii) the date of issue specified in the notice under subsection 346M(2) of that Act in relation to the ITEA; or
 (b) if the period is extended under subitem (4)—the period as extended.
(4) The Workplace Authority Director may extend the period referred to in paragraph (3)(a) in relation to a particular ITEA in circumstances prescribed by the regulations.
(5) Section 346Q of the WR Act, as that section continues to apply because of item 14, has effect in relation to the ITEA, on and after the WR Act repeal day, as if it provided that the Workplace Authority Director must not consider under that section whether the ITEA as varied passes the no‑disadvantage test unless the variation is lodged within the period referred to in paragraph (3)(a) or (b).