Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346H

             (1)  This section applies to a workplace agreement if:

                     (a)  in the case of an ITEA--there is no relevant collective instrument or no relevant general instrument in relation to the employee whose employment is subject to the ITEA; or

                     (b)  in the case of a collective agreement--there is no relevant general instrument in relation to an employee or class of employees whose employment is subject to the collective agreement; or

                     (c)  a variation of the workplace agreement is lodged and:

                              (i)  if the workplace agreement is an ITEA--there is no relevant collective instrument or no relevant general instrument in relation to the employee whose employment is subject to the ITEA as varied; or

                             (ii)  if the workplace agreement is a collective agreement--there is no relevant general instrument in relation to an employee or class of employees whose employment is subject to the collective agreement as varied.

             (2)  The Workplace Authority Director must determine that an award is a designated award for the employee or employees referred to in subsection (1), if the Workplace Authority Director is satisfied that:

                     (a)  on the date of lodgment of the agreement or variation (as the case requires), the employee or employees are or would be employed in an industry or occupation in which the terms and conditions of the kind of work performed or to be performed by the employee or employees:

                              (i)  are usually regulated by an award; or

                             (ii)  would, but for a workplace agreement or another industrial instrument having come into operation, usually be regulated by an award; and

                     (b)  there is an award that satisfies the requirements specified in subsection (3).

             (3)  An award or awards determined by the Workplace Authority Director under this section:

                     (a)  must be an award or awards regulating, or that would, but for a workplace agreement or another industrial instrument having come into operation, regulate, terms or conditions of employment of employees engaged in the same kind of work as the work performed by the employee or employees under the workplace agreement concerned; and

                     (b)  must, in the opinion of the Workplace Authority Director, be appropriate for the purpose of deciding whether a workplace agreement, or a workplace agreement as varied, passes the no‑disadvantage test; and

                     (c)  must not be an award that regulates the terms and conditions of employment in a single business only (being the single business specified in the award).

             (4)  The Workplace Authority Director may determine different awards under subsection (2) in relation to different employees.

             (5)  A determination made under this section is not a legislative instrument.