Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 352

             (1)  The nominal expiry date of a workplace agreement is:

                    (aa)  in the case of an ITEA:

                              (i)  if a date is specified in the agreement as its nominal expiry date, and that date is no later than 31 December 2009--that specified date; or

                             (ii)  otherwise--31 December 2009; or

                    (ab)  in the case of an employee collective agreement or a union collective agreement that is taken to pass the no‑disadvantage test under subsection 346D(3):

                              (i)  if a date is specified in the agreement as its nominal expiry date, and that date is no later than the second anniversary of the seventh day after the date of issue specified in the notice under subsection 346M(1)--that specified date; or

                             (ii)  otherwise--the second anniversary of the seventh day after the date of issue specified in the notice under subsection 346M(1); or

                     (a)  in the case of an employer greenfields agreement:

                              (i)  if a date is specified in the agreement as its nominal expiry date, and that date is no later than the first anniversary of the date on which the agreement was lodged--that specified date; or

                             (ii)  otherwise--the first anniversary of the date on which the agreement was lodged; or

                     (b)  otherwise:

                              (i)  if a date is specified in the agreement as its nominal expiry date, and that date is no later than the fifth anniversary of the date on which the agreement was lodged--that specified date; or

                             (ii)  otherwise--the fifth anniversary of the date on which the agreement was lodged.

Note:          Subsection 346D(3) is about workplace agreements that are taken to pass the no‑disadvantage test because of exceptional circumstances.

             (2)  However, if the agreement has been varied to extend its nominal expiry date, the nominal expiry date of the agreement is:

                    (aa)  in the case of an ITEA--the earlier of the following dates:

                              (i)  the date specified in the agreement as varied as its nominal expiry date;

                             (ii)  31 December 2009; or

                    (ab)  in the case of an employee collective agreement or a union collective agreement that is taken to pass the no‑disadvantage test under subsection 346D(3)--the earlier of the following dates:

                              (i)  the date specified in the agreement as varied as its nominal expiry date;

                             (ii)  the second anniversary of the seventh day after the date of issue specified in the notice under subsection 346M(1); or

                     (a)  in the case of an employer greenfields agreement--the earlier of the following dates:

                              (i)  the date specified in the agreement as varied as its nominal expiry date;

                             (ii)  the first anniversary of the date on which the agreement was lodged; or

                     (b)  otherwise--the earlier of the following dates:

                              (i)  the date specified in the agreement as varied as its nominal expiry date;

                             (ii)  the fifth anniversary of the date on which the agreement was lodged.