Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 377

             (1)  The employer in relation to a variation to a workplace agreement lodges the variation with the Workplace Authority Director if:

                     (a)  the employer lodges a declaration under subsection (2); and

                     (b)  the workplace agreement:

                              (i)  in the case of a variation of an ITEA--meets the signature requirements of subsection 373(1); or

                             (ii)  in the case of a variation of a collective agreement--meets the signature requirements of regulations made for the purposes of paragraph 418(ea); and

                     (c)  a copy of the signed variation is annexed to the declaration.

             (2)  An employer lodges a declaration with the Workplace Authority Director if:

                     (a)  the employer gives it to the Workplace Authority Director; and

                     (b)  it meets the form requirements mentioned in subsection (3).

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents.

             (3)  The Workplace Authority Director may, by notice published in the Gazette , set out requirements for the form of a declaration for the purposes of paragraph (2)(b).

             (4)  A declaration is given to the Workplace Authority Director for the purposes of subsection (2) only if the declaration is actually received by the Workplace Authority Director.

Note:          This means that section 29 of the Acts Interpretation Act 1901 (to the extent that it deals with the time of service of documents) and section 160 of the Evidence Act 1995 do not apply to lodgment of a declaration.

             (5)  The Workplace Authority Director is not required to consider or determine whether any of the requirements of this Part (other than Division 5A) have been met in relation to the making or content of anything annexed to a declaration lodged in accordance with subsection (2).