Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 394

             (1)  An employer intending to terminate an ITEA under subsection 393(2) may make undertakings as to the terms and conditions of employment of employees who were bound by the ITEA just before it was terminated.

             (2)  The undertakings come into operation on the day that the ITEA is terminated.

             (3)  The undertakings cease to operate in relation to an employee when the employee's employment becomes subject to a later workplace agreement.

             (4)  Subject to this section, the following provisions apply to the undertakings as if they were an ITEA in operation:

                     (a)  Part 14;

                     (b)  Part 6;

                     (c)  any other provision of this Act specified in the regulations.

             (5)  An employer contravenes this subsection if:

                     (a)  the employer lodges, or a bargaining agent lodges at the request of the employer, a declaration to terminate an ITEA under subsection (2); and

                     (b)  the employer has made undertakings in relation to that termination; and

                     (c)  a copy of the undertakings was not annexed to the declaration.

             (6)  Subsection (5) is a civil remedy provision.

Note:          See Division 11 for provisions on enforcement.

             (7)  If undertakings have ceased operating in relation to an employee because of subsection (3), they can never operate again in relation to that employee.