Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 346U

             (1)  If the Workplace Authority Director decides under section 346D that the agreement passes the no‑disadvantage test the Workplace Authority Director must notify the following of the decision:

                     (a)  the employer in relation to the agreement;

                     (b)  if the agreement is an ITEA--the employee whose employment is subject to the ITEA;

                     (c)  if the agreement is a union greenfields agreement or a multiple‑business agreement that would be a union greenfields agreement but for subsection 331(1)--the organisation or organisations bound by the agreement.

             (2)  If the Workplace Authority Director decides under section 346D that the agreement does not pass the no‑disadvantage test, then:

                     (a)  the Workplace Authority Director must notify the following of the decision:

                              (i)  the employer in relation to the agreement;

                             (ii)  if the agreement is an ITEA--the employee whose employment is subject to the ITEA;

                            (iii)  if the agreement is a union greenfields agreement or a multiple‑business agreement that would be a union greenfields agreement but for subsection 331(1)--the organisation or organisations bound by the agreement; and

                     (b)  the notice must also contain advice as to how the agreement could be varied to pass the no‑disadvantage test.

             (3)  If subsection 346F(3) requires the Workplace Authority Director to consider, and make a separate decision in respect of, both a workplace agreement and the workplace agreement as varied, the notice under this section must deal with both agreements.

             (4)  A notice under this section:

                     (a)  must be in writing; and

                     (b)  must specify the date of issue of the notice.

Note:          Section 346ZH requires the employer to inform the employees concerned of the contents of the notice in relation to a collective agreement.