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Workplace Relations Amendment (Simplifying Agreement-making) Bill 2004

2002-2003-2004

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

As read a third time

 

 

 

 

 

 

 

 

 

Workplace Relations Amendment (Simplifying Agreement-making) Bill 2004

 

No.      , 2004

 

 

 

 

 

A Bill for an Act to amend the Workplace Relations Act 1996 , and for related purposes

   

   



Contents

1............ Short title ............................................................................................ 1

2............ Commencement .................................................................................. 1

3............ Schedule(s) .......................................................................................... 2

Schedule 1—AWAs                                                                                                                 3

Part 1—Amendments                                                                                                       3

Workplace Relations Act 1996                                                                                  3

Part 2—Application and saving provisions                                                             45

Schedule 2—Certified agreements                                                                              49

Part 1—Amendments                                                                                                     49

Workplace Relations Act 1996                                                                                49

Part 2—Application provisions                                                                                   61

 



This Bill originated in the House of Representatives; and, having this day passed, is now ready for presentation to the Senate for its concurrence.

I.C. HARRIS

Clerk of the House of Representatives

House of Representatives

11 February 2004

 

A Bill for an Act to amend the Workplace Relations Act 1996 , and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Workplace Relations Amendment (Simplifying Agreement-making) Act 2004 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

 

2.  Schedules 1 and 2

A single day to be fixed by Proclamation, subject to subsection (3)

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

             (3)  If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

Schedule 1 AWAs

Part 1 Amendments

Workplace Relations Act 1996

1  Divisions 1, 2, 3, 4, 5 and 6 of Part VID

Repeal the Divisions, substitute:

Division 1 Preliminary

Subdivision A Outline of Part

170VA   Outline of Part

             (1)  This Part deals with the making, approval and operation of:

                     (a)  Australian Workplace Agreements (AWAs); and

                     (b)  agreements to extend, vary or terminate AWAs (ancillary documents).

             (2)  Division 1 contains provisions dealing with the interpretation and scope of this Part.

             (3)  Division 2 sets out the requirements for making an AWA.

             (4)  Division 3 deals with the approval process for AWAs.

             (5)  Division 4 sets out the effect of an AWA on awards, agreements and laws. It also:

                     (a)  sets out obligations, breach of which may lead to a civil penalty; and

                     (b)  deals with the conduct of industrial action by a party to an AWA during the AWA’s period of operation before its nominal expiry date.

             (6)  Division 5 deals with agreements to extend or vary AWAs. The Division contains the following Subdivisions:

                     (a)  Subdivision A dealing with the making and approval of extension agreements;

                     (b)  Subdivision B dealing with the making and approval of variation agreements.

             (7)  Division 6 deals with the making and approval of agreements to terminate AWAs and other mechanisms for terminating AWAs.

             (8)  Division 7 deals with enforcement and remedies in relation to AWAs and ancillary documents.

             (9)  Division 8 deals with limited immunity for industrial action.

           (10)  Division 9 contains miscellaneous matters in relation to AWAs and ancillary documents.

Subdivision B Interpretation

170VAA   Definitions

                   In this Part, unless the contrary intention appears:

ancillary document means any of the following:

                     (a)  a variation agreement;

                     (b)  an extension agreement;

                     (c)  a termination agreement;

                     (d)  a termination notice.

approval notice means an approval notice issued by the Employment Advocate or Commission under Division 3, 5 or 6.

approved means approved under Division 3, 5 or 6 by the Employment Advocate or Commission.

AWA has a meaning affected by section 170VAB and subsections 170VCB(9) and 170VEG(8).

AWA date means the date on which the employer and employee sign the AWA or, if they sign on different dates, the later of those dates.

bargaining agent means a person or group of persons duly appointed as a bargaining agent under section 170WEA.

constitutional trade or commerce means trade or commerce:

                     (a)  between Australia and a place outside Australia; or

                     (b)  between the States; or

                     (c)  within a Territory, between a State and a Territory or between 2 Territories.

eligible court means any of the following:

                     (a)  the Federal Court of Australia;

                     (b)  a District, County or Local Court;

                     (c)  a magistrate’s court.

employee has a meaning affected by section 170VAB.

employer has a meaning affected by section 170VAB.

existing employee , in relation to an AWA, means an employee who signed the AWA after commencing the employment to which the AWA relates.

extension agreement means an agreement to extend the nominal expiry date of an AWA.

new employee , in relation to an AWA, means an employee who signed the AWA before, or at the time of, commencing the employment to which the AWA relates.

no-disadvantage test means the no-disadvantage test set out in Part VIE.

nominal expiry date means the nominal expiry date that applies under section 170VBC.

party , in relation to an AWA or ancillary document, means the employer or employee.

period of operation , in relation to an AWA, means the period of operation as determined under section 170VBD.

referral notice means a referral notice issued by the Employment Advocate under Division 3 or 5.

referral protocol means:

                     (a)  the protocol that, immediately before the commencement of this section, was in force under section 170VPE; or

                     (b)  if that protocol has been varied under section 170WKB—that protocol as so varied.

refusal notice means a refusal notice issued by the Employment Advocate or Commission under Division 3, 5 or 6.

State agreement means an employment agreement made under, or for the purposes of, a law of a State.

sure means not having any doubts.

termination agreement means an agreement to terminate an AWA.

variation agreement means an agreement to vary an AWA.

verified copy , in relation to a document,means a copy that is certified as being a true copy of the document.

170VAB   Proposed AWAs and ancillary documents—interpretation

             (1)  So far as the context permits, a reference in this Part to an AWA or ancillary document includes a reference to a proposed AWA or ancillary document.

             (2)  In relation to a proposed AWA or ancillary document, a reference to the employer or employee is a reference to the person who will be the employer or employee when the AWA or ancillary document starts to operate.

Subdivision C Scope of this Part etc.

170VAC   Scope of this Part

                   An AWA is of no effect unless at least one of the following applies at the AWA date:

                     (a)  the employer is a constitutional corporation;

                     (b)  the employer is the Commonwealth;

                     (c)  the employee’s primary workplace is in a Territory;

                     (d)  the employer is a waterside employer, the employee is a waterside worker and the employee’s employment is in connection with constitutional trade or commerce;

                     (e)  the employee is a maritime employee and the employee’s employment is in connection with constitutional trade or commerce;

                      (f)  the employee is a flight crew officer and the employee’s employment is in connection with constitutional trade or commerce.

170VAD   Functions of Commission

             (1)  The Commission must, as far as practicable, perform its functions under this Part in a way that furthers the objects of this Act.

             (2)  Section 90 does not apply to the performance of functions of the Commission under this Part.

             (3)  In performing its functions under this Part, the Commission is not empowered to act under paragraph 111(1)(g) on the grounds specified in subparagraph (i), (ii) or (iii) of that paragraph.

170VAE   AWAs and ancillary documents only have effect as provided by this Part

                   An AWA or ancillary document has effect as provided by this Part, and not otherwise.

Division 2 Making an AWA

170VB   Employer and employee may make an AWA

             (1)  An employer and employee may make a written agreement, called an Australian workplace agreement (an AWA ), that deals with matters pertaining to the relationship between an employer and employee.

             (2)  The requirements set out in the following sections must be satisfied in relation to the AWA:

                     (a)  section 170VBA (making an AWA);

                     (b)  section 170VBB (content of an AWA).

             (3)  The AWA may be made before commencement of the employment.

170VBA   Making an AWA

             (1)  An AWA must be signed and dated by the employer and the employee who are parties to it.

             (2)  The employer must give the employee a copy of the AWA.

Note:          This section is a civil penalty provision (see section 170VV).

             (3)  Before the employee signs the AWA, the employer must:

                     (a)  give the employee a copy of an information statement prepared by the Employment Advocate (see subsection (4)); and

                     (b)  explain the effect of the AWA to the employee.

             (4)  The information statement prepared by the Employment Advocate for the purposes of paragraph (3)(a) must include information about the following matters, but may include other information:

                     (a)  Commonwealth statutory entitlements;

                     (b)  occupational health and safety law;

                     (c)  services provided by the Employment Advocate;

                     (d)  bargaining agents.

Note:          For more information on bargaining agents, see section 170WEA.

             (5)  The employee may withdraw his or her consent to the AWA by giving written notice of the withdrawal of consent to the employer before the end of the cooling-off period.

Note:          If the employee withdraws his or her consent to the AWA after the employer has applied to the Employment Advocate for approval of the AWA, the employee must also give the Employment Advocate written notice of the withdrawal of consent (see subsections 170VC(6) and (7)).

             (6)  The cooling-off period is the period of:

                     (a)  5 days after the day on which a new employee signs the AWA; and

                     (b)  14 days after the day on which an existing employee signs the AWA.

170VBB   Content of AWA

Must be included

             (1)  The AWA must include the provisions relating to discrimination that are prescribed by the regulations. If the AWA does not in fact include those provisions, the AWA is taken to include those provisions.

             (2)  The AWA must include a dispute resolution procedure. If the AWA does not in fact include a dispute resolution procedure, the AWA is taken to include the model procedure that is prescribed by the regulations.

             (3)  A dispute resolution procedure that is included in an AWA under subsection (2), or prescribed by the regulations for the purposes of subsection (2), may confer powers on the Commission to settle disputes between the parties to the AWA about the application or interpretation of the AWA. The Commission may exercise those powers.

Must not be included

             (4)  The AWA must not include any provisions that prohibit or restrict disclosure of details of the AWA by either party to another person.

             (5)  The AWA must not include any objectionable provisions within the meaning of section 298Z.

170VBC   Nominal expiry date of AWA

             (1)  An AWA may specify a date as its nominal expiry date. The date cannot be more than 3 years after the AWA date.

             (2)  If no date is specified, then the nominal expiry date is the third anniversary of the AWA date.

170VBD   Period of operation of AWA

             (1)  Subject to section 170VCD, an AWA for an employee starts operating on the later of:

                     (a)  the AWA date; or

                     (b)  the day specified in the AWA as the starting day; or

                     (c)  if the employee is a new employee—the day the employment commences.

             (2)  Subject to section 170VCD, an AWA for an employee stops operating at the earlier of the following times:

                     (a)  if no application is made to the Employment Advocate to approve the AWA within the period of 21 days starting on the AWA date (or such longer period as the Employment Advocate allows under subsection 170VC(3))—the start of the day after the end of that period;

                     (b)  the end of the day when a refusal notice is issued in relation to the AWA;

                     (c)  the time when a termination under section 170VFA, 170VFD or 170VFE takes effect;

                     (d)  the time when another AWA between the employer and employee starts to operate.

Note:          See also section 170VCA which deals with the effect of the employee’s withdrawal of consent to the AWA, and section 170WKD, under which an AWA stops operating if the Employment Advocate’s approval of the AWA is revoked.

Division 3 Approval of AWAs

170VC   Applications for approval of AWAs

             (1)  An employer must apply, in writing, to the Employment Advocate for approval of an AWA to which the employer is a party unless the employee withdraws his or her consent to the AWA before the end of the cooling-off period referred to in subsection 170VBA(6).

             (2)  The application must be made before the end of the period of 21 days starting on the AWA date.

             (3)  The Employment Advocate may, at any time within that period of 21 days, extend the period for making the application.

Note:          Section 170VCD sets out the consequences of failure to apply for approval by the deadline.

             (4)  An application must be accompanied by:

                     (a)  a copy of the AWA; and

                     (b)  any other information that the Employment Advocate requires, by notice published in the Gazette , for the purpose of performing his or her functions.

             (5)  Two or more agreements that have been negotiated collectively may be included in the same notice of application if the same employer is a party to all the agreements. The agreements need not be in the same terms.

             (6)  If:

                     (a)  before the end of the cooling-off period referred to in subsection 170VBA(6), the employee referred to in subsection 170VBA(5) withdraws his or her consent to the AWA; and

                     (b)  the employer has already applied to the Employment Advocate under this section for approval of the AWA;

the employee must also give the Employment Advocate written notice of the withdrawal of consent.

             (7)  The employee must lodge the written notice of withdrawal of consent with the Employment Advocate within 7 days after giving notice of withdrawal to the employer.

Note:          The employee may give the Employment Advocate this notice after the end of the cooling-off period under subsection 170VBA(6).

170VCA   Consequences for AWA of employee’s withdrawal of consent

                   If:

                     (a)  the employee referred to in subsection 170VBA(5) or 170VC(6) withdraws his or her consent to the AWA before the end of the cooling-off period referred to in subsection 170VBA(6); and

                     (b)  apart from this section, the AWA would have already started to operate;

the AWA is taken not to have started to operate.

170VCB   Employment Advocate or Commission must approve, or refuse to approve, AWA

Approval if AWA passes the no-disadvantage test etc.

             (1)  The Employment Advocate must approve an AWA if:

                     (a)  the application for approval of the AWA is made in accordance with section 170VC; and

                     (b)  the AWA satisfies the requirements of section 170VBA; and

                     (c)  the AWA complies with section 170VBB; and

                     (d)  the Employment Advocate is sure that the AWA passes the no-disadvantage test; and

                     (e)  the Employment Advocate is satisfied that the employee genuinely consented to making the AWA.

Approval if concerns resolved

             (2)  If the Employment Advocate has concerns about whether the AWA meets the requirements of subsection (1), the Employment Advocate must give the parties to the AWA an opportunity to:

                     (a)  take any action (including giving undertakings); or

                     (b)  give to the Employment Advocate any information sought by the Employment Advocate.

The Employment Advocate must approve the AWA if satisfied that, because of the action taken or information given, those concerns are resolved.

Approval if no disadvantage to parties

             (3)  The Employment Advocate may approve the AWA if:

                     (a)  the only reason for not approving the AWA is that the Employment Advocate is not satisfied that the requirements of subsection 170VBA(1) are met; but

                     (b)  he or she is satisfied that the failure to meet those requirements has not disadvantaged, and will not disadvantage, either party to the AWA.

Referral to Commission

             (4)  The Employment Advocate must refer the AWA to the Commission, if:

                     (a)  the Employment Advocate has concerns about whether the AWA passes the no-disadvantage test; and

                     (b)  those concerns are not resolved by action taken or information given as mentioned in subsection (2).

Approval if the AWA passes the no-disadvantage test

             (5)  The Commission must approve the AWA if the Commission is satisfied that:

                     (a)  the AWA passes the no-disadvantage test; or

                     (b)  any action taken (including the giving of undertakings) resolves any uncertainty as to whether the AWA passes the no-disadvantage test.

Approval if not contrary to the public interest

             (6)  If the Commission considers that it is not contrary to the public interest to approve the AWA, it must approve the AWA (whether or not subsection (5) requires the Commission to approve the AWA).

Note:          An example of a case where the Commission may be satisfied that approving the AWA is not contrary to the public interest could be where making the AWA is part of a reasonable strategy to deal with a short-term crisis in, and to assist in the revival of, a business or part of a business.

Otherwise, approval refused by Commission

             (7)  If the Commission is not required to approve the AWA, the Commission must refuse to approve it.

Otherwise, approval refused by Employment Advocate

             (8)  If the Employment Advocate is not required to approve the AWA and does not approve the AWA under subsection (3), the Employment Advocate must refuse to approve it.

Undertakings

             (9)  An undertaking accepted by the Employment Advocate or by the Commission is taken to be included in the AWA.

170VCC   Employment Advocate or Commission must issue approval or refusal notice

             (1)  If the Employment Advocate approves an AWA, the Employment Advocate must issue an approval notice to the employer.

             (2)  If the Employment Advocate refers an AWA to the Commission, the Employment Advocate must issue a referral notice to the employer, advising of the referral.

             (3)  If the Employment Advocate refuses to approve an AWA, the Employment Advocate must issue a refusal notice to the employer.

             (4)  The Employment Advocate must also include in an approval notice a copy of each of the following:

                     (a)  the provisions relating to discrimination referred to in subsection 170VBB(1) (if they are taken to be included in the AWA because of that subsection);

                     (b)  the model procedure relating to a dispute resolution procedure referred to in subsection 170VBB(2) (if it is taken to be included in the AWA because of that subsection);

                     (c)  a copy of each undertaking (if any) in relation to the AWA that is taken to be included in the AWA because of subsection 170VCB(9).

             (5)  If the Commission approves an AWA, the Commission must:

                     (a)  issue an approval notice to the employer; and

                     (b)  give a copy of the approval notice to the Employment Advocate; and

                     (c)  give a copy of the AWA as approved to the Employment Advocate.

Note:          An undertaking accepted in accordance with an AWA is deemed to form part of the AWA. Therefore a copy of the undertaking will be sent to the Employment Advocate under this section.

             (6)  If the Commission refuses to approve an AWA, the Commission must:

                     (a)  issue a refusal notice to the employer; and

                     (b)  give a copy of the refusal notice to the Employment Advocate.

170VCD   Consequences for AWA of failure to apply for approval, refusal of approval or referral to the Commission

             (1)  If no application is made for approval of an AWA within the period of 21 days after the AWA date, or such longer period as allowed by the Employment Advocate under subsection 170VC(3):

                     (a)  if the AWA has already started operating—the AWA ceases to operate after the end of that period; and

                     (b)  if the AWA has not already started operating—the AWA does not start to operate; and

                     (c)  the Employment Advocate cannot approve the AWA.

             (2)  If the Employment Advocate issues a refusal notice in relation to an AWA:

                     (a)  if the AWA has already started operating—the AWA ceases operating at the end of the day when the refusal notice is issued; and

                     (b)  if the AWA has not already started operating—the AWA does not start to operate; and

                     (c)  the Employment Advocate cannot approve the AWA.

             (3)  If the Employment Advocate refers an AWA to the Commission:

                     (a)  if the AWA has already started operating—the AWA continues to operate; and

                     (b)  if the AWA has not already started operating—the AWA does not start to operate; and

                     (c)  the Employment Advocate cannot approve the AWA.

170VCE   Employer must give copies of documents to employee

             (1)  As soon as practicable after receiving from the Employment Advocate or the Commission the approval notice, referral notice or refusal notice, the employer must give the employee with whom the AWA was made a copy of:

                     (a)  the notice; and

                     (b)  any material that is taken to be included in the AWA because of subsections 170VBB(1) and (2) and subsection 170VCB(9).

Note:          This subsection is a civil penalty provision (see section 170VV).

             (2)  The employer must give the employee any other document prescribed by the regulations, within the period required by the regulations.

Note:          This subsection is a civil penalty provision (see section 170VV).

170VCF   Protocol for referring AWAs to the Commission

                   In deciding whether to refer an AWA to the Commission, the Employment Advocate must apply the referral protocol.

Division 4 Effect of an AWA

170VD   Effect of AWA on awards and agreements

             (1)  During its period of operation, an AWA operates to the exclusion of any award that would otherwise apply to the employee’s employment. This subsection has effect subject to subsections (2) and (3).

             (2)  An AWA is of no effect if it is made:

                     (a)  after the commencement of an award that is made under subsection 170MX(3) and applies to the employee’s employment; and

                     (b)  before the nominal expiry date of the award.

             (3)  An AWA does not operate to the exclusion of an exceptional matters order, but prevails over an exceptional matters order to the extent of any inconsistency.

             (4)  During its period of operation, an AWA operates to the exclusion of any State award or State agreement that would otherwise apply to the employee’s employment.

             (5)  The relationship between an AWA and a certified agreement is as follows:

                     (a)  a certified agreement prevails over the AWA to the extent of any inconsistency if:

                              (i)  the certified agreement is in operation at the time the AWA comes into operation; and

                             (ii)  the nominal expiry date of the certified agreement is after the date on which the AWA comes into operation; and

                            (iii)  the certified agreement does not expressly allow a subsequent AWA to operate to the exclusion of the certified agreement or to prevail over the certified agreement to the extent of any inconsistency;

                     (b)  a certified agreement that comes into operation after the nominal expiry date of the AWA prevails over the AWA to the extent of any inconsistency;

                     (c)  in all other cases, the AWA operates to the exclusion of any certified agreement that would otherwise apply to the employee’s employment.

170VDA   Effect of AWA on other laws

State law

             (1)  Subject to this section, an AWA prevails over conditions of employment specified in a State law, to the extent of any inconsistency.

             (2)  Provisions in an AWA that deal with the following matters operate subject to the provisions of any State law that deals with the matter:

                     (a)  occupational health and safety;

                     (b)  workers’ compensation;

                     (c)  apprenticeship;

                     (d)  any other matter prescribed by the regulations.

             (3)  If a State law provides protection for an employee against harsh, unjust or unreasonable termination of employment (however described in the law), subsection (1) is not intended to affect the provisions of that law that provide that protection, so far as those provisions are able to operate concurrently with the AWA.

Prescribed conditions of employment

             (4)  To the extent of any inconsistency, an AWA prevails over prescribed conditions of employment specified in a Commonwealth law that is prescribed by the regulations.

             (5)  In this section:

Commonwealth law means an Act or any regulations or other instrument made under an Act.

prescribed conditions means conditions that are identified by the regulations.

State law means a law of a State or Territory (including any regulations or other instrument made under a law of a State or Territory), but does not include a State award or State agreement.

170VDB   Parties must not breach AWA

                   A party to an AWA must not breach the AWA.

Note:          This section is a civil penalty provision (see section 170VV).

170VDC   Industrial action etc. by party to AWA

             (1)  During the period of operation of an AWA before its nominal expiry date, the employee must not engage in industrial action in relation to the employment to which the AWA relates.

Note:          This subsection is a civil penalty provision (see section 170VV).

             (2)  During the period of operation of an AWA before its nominal expiry date, the employer must not lock out the employee for the purpose of supporting or advancing claims in respect of the employee’s employment.

Note:          This subsection is a civil penalty provision (see section 170VV).

170VDD   Employer’s successor and AWA to which employer is a party

             (1)  If:

                     (a)  an employee who is a party to an AWA becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer’s business or undertaking; and

                     (b)  at the succession time at least one of the following applies:

                              (i)  the new employer is a constitutional corporation;

                             (ii)  the new employer is the Commonwealth;

                            (iii)  the employee’s primary workplace is in a Territory;

                            (iv)  the new employer is a waterside employer, the employee is a waterside worker and the employee’s employment is in connection with constitutional trade or commerce;

                             (v)  the employee is a maritime employee and the employee’s employment is in connection with constitutional trade or commerce;

                            (vi)  the employee is a flight crew officer and the employee’s employment is in connection with constitutional trade or commerce;

then the new employer replaces the previous employer as a party to the AWA from the succession time.

             (2)  The succession does not affect the rights and obligations of the previous employer that arose before the succession.

             (3)  In this section:

successor means a successor, transmittee or assignee.

Division 5 Extending or varying an AWA

Subdivision A Extension agreements

170VE   Agreement to extend AWA’s nominal expiry date

             (1)  An employer and employee may make a written agreement that extends the nominal expiry date of an AWA to which they are parties. The extended date cannot be more than 3 years after the AWA date.

             (2)  An extension agreement may only be made before the nominal expiry date of the AWA.

             (3)  An extension agreement is made when it is signed and dated by the employer and the employee who are parties to it.

             (4)  The employee may withdraw his or her consent to the extension agreement by giving written notice of the withdrawal of consent to the employer before the end of the cooling-off period.

Note:          If the employee withdraws his or her consent to the extension agreement after the employer has applied to the Employment Advocate for approval of the extension agreement, the employee must also give the Employment Advocate written notice of the withdrawal of consent (see subsections 170VEA(4) and (5)).

             (5)  The cooling-off period is the period of 14 days after the day on which the employee signs the agreement.

             (6)  Subject to section 170VEC, the extension agreement takes effect on the day on which the employer and the employee sign the agreement or, if they sign on different days, the later of those days.

170VEA   Application for approval of extension agreement

             (1)  An employer must apply, in writing, to the Employment Advocate for approval of an extension agreement to which the employer is a party. An application for approval must be made within the period of 21 days starting on the day when the agreement takes effect.

Note:          Subsection 170VEC(1) sets out the consequences of failure to apply for approval before the end of that period.

             (2)  An application must be accompanied by:

                     (a)  a copy of the extension agreement; and

                     (b)  any other information that the Employment Advocate requires, by notice published in the Gazette , for the purpose of performing his or her functions.

             (3)  Two or more extension agreements that have been negotiated collectively may be included in the same notice of application if the same employer is a party to all the agreements. The agreements need not be in the same terms.

             (4)  If:

                     (a)  before the end of the cooling-off period referred to in subsection 170VE(5) the employee referred to in subsection 170VE(4) withdraws his or her consent to the extension agreement; and

                     (b)  the employer has already applied to the Employment Advocate under this section for approval of the extension agreement;

the employee must also give the Employment Advocate written notice of the withdrawal of consent.

             (5)  The employee must lodge the written notice of withdrawal of consent with the Employment Advocate within 7 days after giving notice of withdrawal to the employer.

Note:          The employee may give the Employment Advocate this notice after the end of the cooling-off period under subsection 170VE(5).

170VEB   Employment Advocate must approve, or refuse to approve, extension agreement

Approval if sections 170VE and 170VEA satisfied

             (1)  The Employment Advocate must approve the extension agreement if:

                     (a)  the application for approval of the extension agreement is made in accordance with section 170VEA; and

                     (b)  the extension agreement satisfies the requirements of section 170VE; and

                     (c)  the Employment Advocate is satisfied that the employee genuinely consented to making the extension agreement.

Approval if no disadvantage to parties

             (2)  The Employment Advocate may approve the extension agreement if:

                     (a)  the only reason for not approving the extension agreement is that the Employment Advocate is not satisfied that the requirements of subsection 170VE(3) are met; but

                     (b)  he or she is satisfied that the failure to meet those requirements has not disadvantaged, and will not disadvantage, either party to the AWA.

Approval notice etc.

             (3)  If the Employment Advocate approves an extension agreement, the Employment Advocate must:

                     (a)  issue an approval notice to the employer; and

                     (b)  give a copy of the extension agreement as approved to the employer.

Refusal of approval and refusal notice

             (4)  If the Employment Advocate is not required to approve the extension agreement and does not approve the extension agreement under subsection (2), the Employment Advocate must:

                     (a)  refuse to approve the extension agreement; and

                     (b)  issue a refusal notice to the employer.

Note:          Subsection 170VEC(2) sets out the consequences of the issuing of a refusal notice.

Employer must give certain documents to employee

             (5)  As soon as practicable after receiving from the Employment Advocate the approval notice or refusal notice, the employer must give the employee with whom the extension agreement was made a copy of:

                     (a)  the notice; and

                     (b)  the extension agreement (if it was approved).

Note:          This subsection is a civil penalty provision (see section 170VV).

             (6)  The employer must give the employee any other document prescribed by the regulations, within the period required by the regulations.

Note:          This subsection is a civil penalty provision (see section 170VV).

170VEC   Consequences for extension agreement of failure to apply for approval or refusal of approval

             (1)  If no application is made for approval of an extension agreement within the period of 21 days starting on the day when the agreement took effect:

                     (a)  the extension agreement ceases to have effect after the end of that period; and

                     (b)  the Employment Advocate cannot approve the extension agreement.

             (2)  If the Employment Advocate issues a refusal notice in relation to the extension agreement, the extension agreement ceases to have effect at the end of the day when the refusal notice is issued.

Note:          An extension agreement also ceases to have effect if the Employment Advocate’s approval of the extension agreement is revoked under section 170WKD.

Subdivision B Variation agreements

170VED   Agreement to vary an AWA

             (1)  An employer and employee may make a written agreement varying an AWA. A variation agreement is made when it is signed and dated by the employer and the employee who are parties to it.

Note:          A variation agreement may vary the AWA’s nominal expiry date. However, the extended date cannot be more than 3 years after the AWA date (see sections 170VBC and 170VE).

             (2)  The employee may withdraw his or her consent to the variation agreement by giving written notice of the withdrawal of consent to the employer before the end of the cooling-off period.

Note:          If the employee withdraws his or her consent to the variation agreement after the employer has applied to the Employment Advocate for approval of the variation agreement, the employee must also give the Employment Advocate written notice of the withdrawal of consent (see subsections 170VEE(5) and (6)).

             (3)  The cooling-off period is the period of 14 days after the day on which the employee signs the agreement.

             (4)  Subject to sections 170VEF and 170VEJ, the variation agreement takes effect on:

                     (a)  the day on which the employer and employee sign the variation agreement, or if they sign on different days, the later of those days; and

                     (b)  if a day is specified in the variation agreement as the date of effect and that day is later than the day under paragraph (a)—the day specified in the agreement.

             (5)  Sections 170VBA and 170VBB apply to the AWA as varied in the same way as those sections apply to the original AWA.

170VEE   Applications for approval of variation agreements

             (1)  An employer must apply, in writing, to the Employment Advocate for approval of a variation agreement to which the employer is a party unless the employee withdraws his or her consent to the variation agreement before the end of the cooling-off period referred to in subsection 170VED(3).

             (2)  An application for approval must be made within the period of 21 days starting on:

                     (a)  the day on which the employer and the employee sign the variation agreement; or

                     (b)  if they sign on different days—the later of those days.

Note:          Subsection 170VEJ(1) sets out the consequences of failure to apply for approval by the deadline.

             (3)  An application must be accompanied by:

                     (a)  a copy of the variation agreement; and

                     (b)  any other information that the Employment Advocate requires, by notice published in the Gazette , for the purpose of performing his or her functions.

             (4)  Two or more variation agreements that have been negotiated collectively may be included in the same notice of application if the same employer is a party to all the agreements. The agreements need not be in the same terms.

             (5)  If:

                     (a)  before the end of the cooling-off period referred to in subsection 170VED(3) the employee referred to in subsection 170VED(2) withdraws his or her consent to the variation agreement; and

                     (b)  the employer has already applied to the Employment Advocate under this section for approval of the variation agreement;

the employee must also give the Employment Advocate written notice of the withdrawal of consent.

             (6)  The employee must lodge the written notice of withdrawal of consent with the Employment Advocate within 7 days after giving notice of withdrawal to the employer.

Note:          The employee may give the Employment Advocate this notice after the end of the cooling-off period under subsection 170VED(3).

170VEF   Consequences for variation agreement of employee’s withdrawal of consent

                   If:

                     (a)  an employee referred to in subsection 170VED(2) withdraws his or her consent to the variation agreement before the end of the cooling-off period referred to in subsection 170VED(3); and

                     (b)  apart from this section, the variation agreement would already have taken effect;

the variation agreement is taken not to have taken effect.

170VEG   Employment Advocate or Commission must approve, or refuse to approve, variation agreement

Approval if AWA, as varied, passes the no-disadvantage test etc.

             (1)  The Employment Advocate must approve a variation agreement if:

                     (a)  the application for approval of the variation agreement is made in accordance with section 170VEE; and

                     (b)  the variation agreement satisfies the requirements of section 170VBA as it applies to those agreements; and

                     (c)  the AWA as varied complies with section 170VBB as it applies to variation agreements; and

                     (d)  the Employment Advocate is sure that the AWA, as varied, passes the no-disadvantage test; and

                     (e)  the Employment Advocate is satisfied that the employee genuinely consented to making the variation agreement.

Approval if concerns resolved

             (2)  If the Employment Advocate has concerns about whether the AWA meets the requirements of subsection (1), the Employment Advocate must give the parties to the AWA an opportunity to:

                     (a)  take any action (including giving undertakings); or

                     (b)  give to the Employment Advocate any information sought by the Employment Advocate.

The Employment Advocate must approve the AWA if satisfied that, because of the action taken or information given, those concerns are resolved.

Approval if no disadvantage to parties

             (3)  The Employment Advocate may approve the variation agreement if:

                     (a)  the only reason for not approving the variation agreement is that the Employment Advocate is not satisfied that the requirements of subsection 170VBA(1) (as it applies to the variation agreement) are met in all respects; but

                     (b)  he or she is satisfied that the failure to meet those requirements has not disadvantaged, and will not disadvantage, either party to the AWA.

Referral to Commission

             (4)  The Employment Advocate must refer the variation agreement to the Commission, if:

                     (a)  the Employment Advocate has concerns about whether the variation agreement passes the no-disadvantage test; and

                     (b)  those concerns are not resolved by action taken or information given as mentioned in subsection (2).

Approval if not contrary to public interest

             (5)  The Commission must approve the variation agreement if the Commission:

                     (a)  is satisfied that the variation agreement passes the no-disadvantage test; or

                     (b)  is satisfied that any action taken (including the giving of undertakings) resolves any uncertainty as to whether the variation agreement passes the no-disadvantage test.

                     (c)  is not satisfied that the variation agreement passes the no-disadvantage test, but is satisfied that it is not contrary to the public interest to approve the variation agreement.

Note:          An example of a case where the Commission may be satisfied that approving the variation agreement is not contrary to the public interest could be where making the variation agreement is part of a reasonable strategy to deal with a short-term crisis in, and to assist in the revival of, a business or part of a business.

Otherwise, approval refused by Commission

             (6)  If the Commission does not approve the variation agreement under subsection (5), the Commission must refuse to approve it.

Otherwise, approval refused by Employment Advocate

             (7)  If the Employment Advocate is not required to approve the variation agreement and does not approve the variation agreement under subsection (3), the Employment Advocate must refuse to approve it.

Undertakings

             (8)  An undertaking accepted by the Employment Advocate or by the Commission is taken to be included in the AWA as varied.

170VEH   Employment Advocate and Commission must issue approval, referral or refusal notice

             (1)  If the Employment Advocate approves a variation agreement, the Employment Advocate must:

                     (a)  issue an approval notice to the employer; and

                     (b)  give a copy of the variation agreement as approved to the employer.

             (2)  If the Employment Advocate refers a variation agreement to the Commission, the Employment Advocate must issue a referral notice to the employer, advising of the referral.

             (3)  If the Employment Advocate refuses to approve a variation agreement, the Employment Advocate must issue a refusal notice to the employer.

Note:          Subsection 170VEJ(2) sets out the consequences of the issuing of a refusal notice.

             (4)  If the Commission approves a variation agreement, the Commission must:

                     (a)  issue an approval notice to the employer; and

                     (b)  give a copy of the variation agreement as approved to the employer; and

                     (c)  give a copy of the approval notice to the Employment Advocate.

Note:          An undertaking accepted in accordance with an AWA is deemed to form part of the AWA. Therefore a copy of the undertaking will be sent to the Employment Advocate under this section.

             (5)  If the Commission refuses to approve a variation agreement, the Commission must:

                     (a)  issue a refusal notice to the employer; and

                     (b)  give a copy of the refusal notice to the Employment Advocate.

170VEI   Employer must give copies of documents to employee

             (1)  As soon as practicable after receiving from the Employment Advocate or the Commission the approval notice or refusal notice, the employer must give the employee with whom the variation agreement was made a copy of:

                     (a)  the notice; and

                     (b)  the variation agreement as approved (if it was approved); and

                     (c)  any material that is taken to be included in the AWA because of paragraph 170VEG(1)(c) or subsection 170VEG(8).

Note:          This subsection is a civil penalty provision (see section 170VV).

             (2)  The employer must give the employee any other document prescribed by the regulations, within the period required by the regulations.

Note:          This subsection is a civil penalty provision (see section 170VV).

170VEJ   Consequences for variation agreement of failure to apply for approval, refusal of approval or referral to Commission

             (1)  If no application is made for approval of a variation agreement before the end of the period referred to in subsection 170VEE(2):

                     (a)  if the variation agreement has already taken effect—the variation agreement ceases to have effect after the end of that period; and

                     (b)  if the variation agreement has not already taken effect—the variation agreement does not take effect; and

                     (c)  the Employment Advocate cannot approve the variation agreement.

             (2)  If the Employment Advocate or the Commission issues a refusal notice in relation to the variation agreement:

                     (a)  if the variation agreement has already taken effect—the variation agreement ceases to have effect at the end of the day when the refusal notice is issued; and

                     (b)  if the variation agreement has not already taken effect—the variation agreement does not take effect.

Note:          A variation agreement also ceases to have effect if the Employment Advocate’s approval of the variation agreement is revoked under section 170WKD.

             (3)  If the Employment Advocate refers the variation agreement to the Commission:

                     (a)  if the variation agreement has already taken effect—the variation agreement continues to have effect; and

                     (b)  if the variation agreement has not already taken effect—the variation agreement does not take effect; and

                     (c)  the Employment Advocate cannot approve the variation agreement.

170VEK   Protocol for referring variation agreements to the Commission

                   In deciding whether to refer a variation agreement to the Commission, the Employment Advocate must apply the referral protocol.

Division 6 Terminating an AWA

Subdivision A Preliminary

170VF   Terminating an AWA

                   This Division sets out the 3 ways in which an AWA may be terminated:

                     (a)  termination by a termination agreement (see Subdivision B);

                     (b)  termination by the Commission (see Subdivision C);

                     (c)  termination in accordance with the AWA (see Subdivision D).

Subdivision B Termination agreement

170VFA   Termination agreement

             (1)  At any time, the employer and employee may make a written agreement to terminate an AWA.

             (2)  A termination agreement is made when it is signed and dated by the employer and the employee who are parties to it.

             (3)  The employee may withdraw his or her consent to the termination agreement by giving written notice of the withdrawal of consent to the employer before the end of the cooling-off period.

Note:          If the employee withdraws his or her consent to the termination agreement after the employer has applied to the Employment Advocate for approval of the termination agreement, the employee must also give the Employment Advocate written notice of the withdrawal of consent (see subsections 170VFB(5) and (6)).

             (4)  The cooling-off period is the period of 14 days after the day on which the employee signs the agreement.

             (5)  A termination agreement must be approved by the Employment Advocate under section 170VFC. If approved, the agreement takes effect:

                     (a)  at the end of the day on which an approval notice is issued for the termination agreement; or

                     (b)  if a time for termination is specified in the termination agreement and that time is later than the time under paragraph (a)—at the time specified in the termination agreement.

If the Employment Advocate refuses to approve the termination agreement, it does not take effect.

Note:          A termination agreement ceases to have effect if the Employment Advocate’s approval of the termination agreement is revoked under section 170WKD.

170VFB   Application for approval of termination agreement

             (1)  An employer must apply, in writing, to the Employment Advocate for approval of a termination agreement to which the employer is a party.

             (2)  The application must be made within the period of 21 days starting when the termination agreement is made.

             (3)  An application must be accompanied by:

                     (a)  a copy of the termination agreement; and

                     (b)  any other information that the Employment Advocate requires, by notice published in the Gazette , for the purpose of performing his or her functions.

             (4)  Two or more termination agreements may be included in the same notice of application if the same employer is a party to all the agreements. The agreements need not be in the same terms.

             (5)  If:

                     (a)  before the end of the cooling-off period referred to in subsection 170VFA(4) the employee referred to in subsection 170VFA(3) withdraws his or her consent to the termination agreement; and

                     (b)  the employer has already applied to the Employment Advocate under section 170VFB for approval of the termination agreement;

the employee must also give the Employment Advocate written notice of the withdrawal of consent.

             (6)  The employee must lodge the written notice of withdrawal of consent with the Employment Advocate within 7 days after giving notice of withdrawal to the employer.

Note:          The employee may give the Employment Advocate this notice after the end of the cooling-off period under subsection 170VFA(4).

170VFC   Employment Advocate must approve, or refuse to approve, termination agreement

Approval if sections 170VFA and 170VFB are satisfied

             (1)  The Employment Advocate must approve the termination agreement if:

                     (a)  the application for approval of the termination agreement is made in accordance with section 170VFB; and

                     (b)  the termination agreement satisfies the requirements of section 170VFA; and

                     (c)  the Employment Advocate is satisfied that the employee genuinely consented to making the termination agreement.

Approval if no disadvantage to parties

             (2)  The Employment Advocate may approve the termination agreement if:

                     (a)  the only reason for not approving the termination agreement is that the Employment Advocate is not satisfied that the requirements of subsection 170VFA(2) are met; but

                     (b)  he or she is satisfied that the failure to meet those requirements has not disadvantaged, and will not disadvantage, either party to the AWA.

Approval notice

             (3)  If the Employment Advocate approves a termination agreement, the Employment Advocate must issue an approval notice to the employer.

Refusal of approval and refusal notice

             (4)  If the Employment Advocate is not required to approve the termination agreement and does not approve the termination agreement under subsection (2), the Employment Advocate must:

                     (a)  refuse to approve the termination agreement; and

                     (b)  issue a refusal notice to the employer.

Employer must give certain documents to employee

             (5)  As soon as practicable after receiving from the Employment Advocate the approval notice or refusal notice, the employer must give the employee with whom the termination agreement was made a copy of:

                     (a)  the notice; and

                     (b)  the termination agreement (if it was approved).

Note:          This subsection is a civil penalty provision (see section 170VV).

             (6)  The employer must give the employee any other document prescribed by the regulations, within the period required by the regulations.

Note:          This subsection is a civil penalty provision (see section 170VV).

Subdivision C Termination by Commission

170VFD   Termination by Commission

             (1)  After the nominal expiry date of an AWA, the Commission may, on application by either party, terminate the AWA if the Commission considers that it is not contrary to the public interest to do so.

             (2)  The Commission must issue a copy of its determination to:

                     (a)  the parties; and

                     (b)  the Employment Advocate.

             (3)  A termination under subsection (1) takes effect at the end of the day on which the Commission issues copies of its determination, or at such later time as is specified in the determination

Subdivision D Termination in accordance with AWA

170VFE   Termination in accordance with the AWA

             (1)  After the nominal expiry date of an AWA, the employer or the employee may apply, in writing, to the Employment Advocate for approval to terminate the AWA in a manner provided for in the AWA.

             (2)  As soon as practicable after making the application, the applicant must give written notice of the application to the other party to the AWA.

             (3)  An application must be accompanied by:

                     (a)  details of the manner provided for in the AWA to terminate the AWA; and

                     (b)  any other information that the Employment Advocate requires, by notice published in the Gazette , for the purpose of performing his or her functions.

             (4)  The termination of 2 or more AWAs may be covered by the same notice of application if:

                     (a)  the applicant is the employer; and

                     (b)  the employer is a party to all the AWAs.

The terminations need not be in the same terms.

             (5)  A termination referred to in subsection (1) must be approved by the Employment Advocate under section 170VFF. If approved, the termination takes effect:

                     (a)  at the end of the day on which an approval notice is issued in relation to the termination; or

                     (b)  if a time for termination is specified in the application and that time is later than the time under paragraph (a)—at the time specified in the application.

If the Employment Advocate refuses to approve the termination, it does not take effect.

170VFF   Employment Advocate must approve, or refuse to approve, terminations under AWAs

Approval if section 170VFE etc. satisfied

             (1)  The Employment Advocate must approve an application made under section 170VFE if:

                     (a)  the application is made in accordance with section 170VFE; and

                     (b)  the applicant has notified the other party of the application; and

                     (c)  the termination is in accordance with the AWA.

Approval notice

             (2)  If the Employment Advocate approves the application, the Employment Advocate must issue an approval notice to the applicant.

Refusal of approval and refusal notice

             (3)  If the Employment Advocate is not required to approve the termination, the Employment Advocate must:

                     (a)  refuse to approve the termination; and

                     (b)  issue a refusal notice to the applicant.

Applicant must give certain documents to other party

             (4)  As soon as practicable after receiving from the Employment Advocate the approval notice or refusal notice, the applicant must give the other party to the AWA a copy of the notice.

Note:          This subsection is a civil penalty provision (see section 170VV).

             (5)  The applicant must give the other party to the AWA any other document prescribed by the regulations, within the period required by the regulations.

Note:          This subsection is a civil penalty provision (see section 170VV).

2  At the end of subsection 170VV(1)

Add:

A contravention is not an offence.

Note:       The heading to section 170VV is replaced by the heading “ Civil penalties ”.

3  Subsection 170VV(3)

Repeal the subsection, substitute:

             (3)  An application for an order under subsection (1) that relates to an AWA or ancillary document may be made by:

                     (a)  a party to the AWA or ancillary document; or

                     (b)  the Employment Advocate; or

                     (c)  an authorised officer.

4  Subsection 170VV(4) (definition of penalty provision )

Repeal the definition, substitute:

penalty provision means:

                     (a)  subsection 170VBA(2); or

                     (b)  subsection 170VCE(1) or (2); or

                     (c)  section 170VDB; or

                     (d)  subsection 170VDC(1) or (2); or

                     (e)  subsection 170VEB(5) or (6); or

                      (f)  subsection 170VEI(1) or (2); or

                     (g)  subsection 170VFC(5) or (6); or

                     (h)  subsection 170VFF(4) or (5); or

                      (i)  subsection 170WE(1); or

                      (j)  subsection 170WEA(2) or (4); or

                     (k)  subsection 170WF(1); or

                      (l)  subsection 170WG(1) or (2); or

                    (m)  section 170WH; or

                     (n)  subsection 170WKD(5).

5  After section 170VV

Insert:

170VVA   Eligible court may order employer to pay underpayment to employee

             (1)  If, in a proceeding against an employer under section 170VV, it appears to the eligible court that an employee of the employer has not been paid an amount that the employer was required to pay under the AWA, the court may order the employer to pay to the employee the amount of the underpayment.

             (2)  An order must not be made under subsection (1) in relation to so much of an underpayment as relates to any period more than 6 years before the commencement of the proceedings.

6  At the end of section 170VW

Add:

             (3)  This section does not apply to the extent that the amount of the loss or damage has been recovered by the employee who is a party to the AWA because of an order made under section 170VVA.

7  Section 170VX

Repeal the section, substitute:

170VX   Compensation for shortfall in entitlements

             (1)  If:

                     (a)  an item in the second column of the following table applies to an AWA; and

                     (b)  the amount (the incorrect amount ) referred to in the corresponding item in the third column of the table in relation to the employee is less than the amount (the correct amount ) referred to in the corresponding item in the fourth column of the table in relation to the employee;

then:

                     (c)  the difference between the correct amount and the incorrect amount is payable to the employee by the employer; and

                     (d)  the employee (or the Employment Advocate, or an authorised officer, on the employee’s behalf) is entitled to recover that difference from the employer in an eligible court.

 

Compensation for shortfall in entitlements

Item

When shortfalls can arise

Incorrect amounts

Correct amounts

1

The AWA stops operating because the employer failed to apply for approval of the AWA within the period of 21 days after the AWA date, or such longer period allowed by the Employment Advocate under subsection 170VC(3)

The total value of the entitlements to which the employee became entitled under the AWA for the period it was in operation

The employee’s non-AWA entitlements for that period

2

The AWA stops operating because a refusal notice is issued in relation to the AWA

The total value of the entitlements to which the employee became entitled under the AWA for the period it was in operation

The employee’s non-AWA entitlements for that period

3

The AWA was operating before it was approved, and the Employment Advocate approved it under subsection 170VCB(2) because the employer took action referred to in that subsection

The total value of the entitlements to which the employee became entitled under the AWA for the period it was operating before it was approved

The total value of the entitlements to which the employee would have been entitled for that period if the AWA, as given to the Employment Advocate for approval, had taken account of the action taken by the employer

4

The AWA was operating before it was approved, and the Commission approved an AWA under subsection 170VCB(5) because the employer took action referred to in that subsection

The total value of the entitlements to which the employee became entitled under the AWA for the period it was operating before it was approved

The total value of the entitlements to which the employee would have been entitled for that period if the AWA, as given to the Employment Advocate for approval, had taken account of the action taken by the employer

5

A variation agreement ceases to have effect because the employer failed to apply for approval of the variation agreement before the end of the period referred to in subsection 170VEE(2)

The total value of the entitlements to which the employee became entitled under the AWA, as varied, for the period during which the variation agreement had taken effect

The total value of the entitlements to which the employee would have been entitled for that period under the AWA before it was varied

6

A variation agreement ceases to have effect because a refusal notice is issued in relation to the variation agreement

The total value of the entitlements to which the employee became entitled under the AWA, as varied, for the period during which the variation agreement had taken effect

The total value of the entitlements to which the employee would have been entitled for that period under the AWA before it was varied

7

A variation agreement took effect before it was approved, and the Employment Advocate approved it under subsection 170VEG(2) because the employer took action referred to in that subsection

The total value of the entitlements to which the employee became entitled under the AWA, as varied, for the period during which the variation had taken effect

The total value of the entitlements to which the employee would have been entitled for that period if the variation agreement, as given to the Employment Advocate for approval, had taken account of the action taken by the employer

8

A variation agreement took effect before it was approved, and the Commission approved it under paragraph 170VEG(5)(b) because the employer took action referred to in that paragraph

The total value of the entitlements to which the employee became entitled under the AWA, as varied, for the period during which the variation had taken effect

The total value of the entitlements to which the employee would have been entitled for that period if the variation agreement, as given to the Employment Advocate for approval, had taken account of the action taken by the employer

9

The approval of the AWA is void

The total value of the entitlements to which the employee would have been entitled under the AWA (if it was not void) for the period during which it was treated as being in operation

The employee’s non-AWA entitlements for that period

10

The Employment Advocate revokes an approval under section 170WKD

The total value of the entitlements to which the employee was entitled under the AWA for the period during which the AWA, or the agreement to which approval related, had effect

The employee’s non-AWA entitlements for that period

             (2)  In this section:

non-AWA entitlements , of an employee in relation to a particular period, means the total value of the entitlements to which the employee would have been entitled for that period (if the AWA in question had not been made) under:

                     (a)  if the employment to which the AWA relates is covered by a certified agreement—that certified agreement; or

                     (b)  if that employment is not covered by a certified agreement but is covered by one or more relevant awards within the meaning of Part VIE—that relevant award or those relevant awards; or

                     (c)  if that employment is not covered by a certified agreement and is not covered by any such relevant award—the one or more designated awards (within the meaning of that Part) that cover that employment.

8  At the end of subsection 170WE(1)

Add:

Note:          This subsection is a civil penalty provision (see section 170VV).

9  Before section 170WF

Insert in Division 9:

170WEA   Bargaining agents

             (1)  An employer or employee may appoint a person to be his or her bargaining agent in relation to the making, approval, variation or termination of an AWA. The appointment must be made in writing.

             (2)  Subject to subsection (3), an employer or employee must not refuse to recognise a bargaining agent duly appointed by the other party for the purposes of subsection (1).

Note:          This subsection is a civil penalty provision (see section 170VV).

             (3)  Subsection (2) does not apply if the person refusing has not been given a copy of the bargaining agent’s instrument of appointment before the refusal.

             (4)  An employer or employee must not coerce, or attempt to coerce, the other party:

                     (a)  to appoint, or not to appoint, a particular person as an authorised bargaining agent; or

                     (b)  to terminate the appointment of an authorised bargaining agent.

Note:          This subsection is a civil penalty provision (see section 170VV).

             (5)  In this section:

person includes a group of persons.

10  At the end of subsection 170WF(1)

Add:

Note:          This subsection is a civil penalty provision (see section 170VV).

11  At the end of subsection 170WG(1)

Add:

Note:          This subsection is a civil penalty provision (see section 170VV).

12  At the end of subsection 170WG(2)

Add:

Note:          This subsection is a civil penalty provision (see section 170VV).

13  Section 170WH

Repeal the section, substitute:

170WH   Information must not be false or misleading

                   A person must not give the Employment Advocate information for the purposes of this Part that the person knows, or ought reasonably to know, is false or misleading.

Note:          This section is a civil penalty provision (see section 170VV).

14  Subsection 170WHA(1)

Omit “filing,”.

15  Subsection 170WI(1)

Omit “filed with”, substitute “given to”.

16  Paragraph 170WI(2)(a)

Omit “filed”, substitute “given to the Employment Advocate”.

17  Paragraph 170WI(2)(c)

Omit “a filing receipt,”, substitute “an”.

18  After section 170WKA

Insert:

170WKB   President may vary the referral protocol

             (1)  The President may vary the referral protocol.

             (2)  However, the terms of the variation must have the concurrence of the Employment Advocate.

170WKC   Content of notices given by Employment Advocate

             (1)  If the Employment Advocate gives an approval notice, referral notice or refusal notice under this Part, there must be identified in the notice the relevant or designated award that applies to the AWA or variation agreement to which the notice relates.

             (2)  In this section:

relevant or designated award means the relevant or designated award that is used when applying the no-disadvantage test set out in Part VIE.

170WKD   Employment Advocate may revoke approval of AWAs etc.

             (1)  The Employment Advocate may revoke:

                     (a)  an approval by the Employment Advocate of an AWA, extension agreement, variation agreement or termination agreement; or

                     (b)  a refusal by the Employment Advocate to approve an AWA, extension agreement, variation agreement or termination agreement.

             (2)  If the Employment Advocate revokes an approval:

                     (a)  the AWA stops operating; or

                     (b)  the extension agreement or variation agreement ceases to have effect; or

                     (c)  the termination agreement ceases to have effect, and the AWA to which it relates starts operating again;

on and from the day specified in the instrument of revocation. The day may be the day of the revocation or any later day.

             (3)  If the Employment Advocate revokes a refusal to approve, the Employment Advocate must deal with the application to which the refusal related as if the refusal had not occurred.

             (4)  If the Employment Advocate revokes an approval or a refusal to approve, the Employment Advocate must issue a notice of the revocation to the employer who is a party to the AWA or the agreement.

             (5)  As soon as practicable after receiving the notice from the Employment Advocate, the employer must give the employee with whom the AWA or agreement was made a copy of the notice.

Note:          This subsection is a civil penalty provision (see section 170VV).

19  Paragraph 170WL(d)

Repeal the paragraph.



 

Part 2 Application and saving provisions

20  Application of items 1, 4, 7, 9 and 13 to 18

The amendments made by items 1, 4, 7, 9 and 13 to 18 apply to AWAs, extension agreements, variation agreements and termination agreements made after the commencement of this Schedule.

21  Application of items 3, 5 and 6

The amendments made by items 3, 5 and 6 apply to AWAs, extension agreements, variation agreements and termination agreements whether made before, on or after the commencement of this Schedule.

22  Saving—AWAs

(1)        This item applies to an AWA if the AWA:

                     (a)  was approved under section 170VPB or 170VPG of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule; and

                     (b)  was in force immediately before that commencement.

(2)        The AWA has effect, after that commencement, as if it had been approved under section 170VCB of the amended Act.

23  Saving—extension agreements

(1)        This item applies to an extension agreement for an AWA if:

                     (a)  the extension agreement was approved under section 170VPD of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule; and

                     (b)  the AWA was in force immediately before that commencement.

(2)        The extension agreement has effect, after that commencement, as if it had been approved under section 170VEB of the amended Act.

24  Saving—variation agreements

(1)        This item applies to a variation agreement in relation to an AWA:

                     (a)  if the variation agreement was approved under section 170VPC or 170VPH of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule; and

                     (b)  the AWA was in force immediately before that commencement.

(2)        The variation agreement has effect, after that commencement, as if it had been approved under section 170VEG of the amended Act.

25  Saving—termination agreements

(1)        This item applies to a termination agreement for an AWA if:

                     (a)  the termination agreement was approved under section 170VPD of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule; and

                     (b)  the AWA was in force immediately before that commencement.

(2)        The termination agreement has effect, after that commencement, as if it had been approved under section 170VFC of the amended Act.

26  Saving—regulations made for purposes of former sections 170VG and 170VR

If:

                     (a)  regulations were made for the purposes of the former provision referred to in column 2 of the table; and

                     (b)  the regulations were in force immediately before the commencement of this Schedule;

the regulations have effect, after that commencement, as if they had been made for the purposes of the new provision referred to in column 3.

 

Regulations continue to have effect

Column 1

Item

Column 2

Former provision

Column 3

New provision

1

subsection 170VG(1)

subsection 170VBB(1)

2

subsection 170VG(3)

subsection 170VBB(2)

3

subsection 170VR(4)

subsection 170VDA(4)

27  Saving— Gazette notices

If:

                     (a)  a notice was published in the Gazette for the purposes of the former provision referred to in column 2 of the table; and

                     (b)  the notice was in force immediately before the commencement of this Schedule;

the notice has effect, after that commencement, as if it had been published in the Gazette for the purposes of the new provision referred to in column 3.

 

Gazette notices continue to have effect

Column 1

Item

Column 2

Former provision

Column 3

New provision

1

paragraph 170VO(1)(c)

paragraph 170VC(4)(b)

2

paragraph 170VO(3)(c)

paragraph 170VEE(3)(b)

3

paragraph 170VO(4)(b)

paragraph 170VEA(2)(b)

4

paragraph 170VO(5)(b)

paragraph 170VFB(3)(b)

5

paragraph 170VO(6)(b)

paragraph 170VFE(3)(b)

28  Saving— prescribed conditions

(1)        This item applies to conditions identified by regulations if:

                     (a)  the regulations were made for the purposes of the definition of prescribed conditions in subsection 170VR(5) of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule; and

                     (b)  the regulations were in force immediately before that commencement.

(2)        The regulations have effect, after that commencement, as if they had been made for the purposes of the definition of prescribed conditions in subsection 170VDA(5) of the amended Act.

29  Saving—appointment of bargaining agent

(1)        This item applies to an appointment of a bargaining agent if:

                     (a)  the appointment was made under subsection 170VK(1) of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule; and

                     (b)  the appointment was in force immediately before that commencement.

(2)        The appointment has effect, after that commencement, as if it had been made under subsection 170WEA(1) of the amended Act.

30  Variations of the section 170VPE protocol

Any purported variations that the President purported to make, before the commencement of this Schedule, to the protocol established under section 170VPE as in force before that commencement are taken to have had effect accordingly.

31  Definitions

In this Part:

amended Act means the Workplace Relations Act 1996 as amended by this Schedule.

former provision means a provision of the Workplace Relations Act 1996 as in force immediately before the commencement of this Schedule.

new provision means a provision of the Workplace Relations Act 1996 as in force immediately after the commencement of this Schedule.



 

Schedule 2 Certified agreements

Part 1 Amendments

Workplace Relations Act 1996

1A  Section 170LD

Repeal the section, substitute:

170LD   Nominal expiry date

                   For the purposes of this Part, the nominal expiry date of a certified agreement is:

                     (a)  unless paragraph (b) or (c) applies—the date specified in the agreement as its nominal expiry date; or

                     (b)  unless paragraph (c) applies—that date as extended or further extended under section 170MC; or

                     (c)  the date taken under section 170MCA to be the nominal expiry date of the agreement.

1B  At the end of Division 1 of Part VIB

Add:

170LGA   Extended agreement

                   For the purposes of this Part, an extended agreement is an agreement that:

                     (a)  is made in accordance with Division 2 or 3 (other than section 170LL); and

                     (b)  specifies a nominal expiry date that is more than 3 years after the date on which the agreement comes into operation but not more than 5 years after that date; and

                     (c)  states that it is made as an extended agreement.

1  Paragraph 170LJ(3)(a)

Repeal the paragraph, substitute:

                     (a)  all the persons whose employment will be subject to the agreement, and who are employed on the day 14 days before approval is given, either have, or have ready access to, the agreement, in writing, at least 14 days before that approval is given; and

                    (aa)  any person first employed less than 14 days before approval is given and whose employment will be subject to the agreement, either has, or has ready access to, the agreement, in writing, before that approval is given; and

2  After subsection 170LJ(3)

Insert:

          (3A)  The employer must, within the period of 7 days beginning on the day (the relevant day ) on which the agreement is approved, take reasonable steps to inform each person whose employment will be subject to the agreement that the person may, no later than 28 days after the relevant day, request the Commission to hold a hearing in relation to whether the agreement should be certified.

3  Subsection 170LK(2)

Repeal the subsection, substitute:

             (2)  The employer must take reasonable steps to ensure that:

                     (a)  all the persons whose employment will be subject to the agreement, and who are employed on the day 14 days before the agreement is made, have at least 14 days’ written notice of the intention to make the agreement; and

                     (b)  any person whose employment will be subject to the agreement, and who is first employed less than 14 days before the agreement is made, has written notice of the intention to make the agreement before the agreement is made; and

                     (c)  before the agreement is made, the terms of the agreement are explained to all the persons.

The agreement must not be made before the 14 days mentioned in paragraph (a) have passed.

4  Subsection 170LK(7)

Repeal the subsection, substitute:

             (7)  The employer must, within the period of 7 days beginning on the day (the relevant day ) on which the agreement is made, take reasonable steps to inform each person whose employment will be subject to the agreement that the person may, no later than 28 days after the relevant day, request the Commission to hold a hearing in relation to whether the agreement should be certified.

5  Subsection 170LK(8)

Omit “subsections (2), (3), (5) and (7)”, substitute “subsections (2), (3) and (5)”.

6  At the end of section 170LK

Add:

Note:          The Commission may still certify an agreement if those steps are not taken again: see subsection 170LT(11).

7  Paragraph 170LR(2)(a)

Repeal the paragraph, substitute:

                     (a)  all the persons whose employment will be subject to the agreement, and who are employed on the day 14 days before approval is given, either have, or have ready access to, the agreement, in writing, at least 14 days before that approval is given; and

                    (aa)  any person first employed less than 14 days before approval is given and whose employment will be subject to the agreement, either has, or has ready access to, the agreement, in writing, before that approval is given; and

8  At the end of section 170LR

Add:

             (3)  The employer must, within the period of 7 days beginning on the day (the relevant day ) on which the agreement is approved, take reasonable steps to inform each person whose employment will be subject to the agreement that the person may, no later than 28 days after the relevant day, request the Commission to hold a hearing in relation to whether the agreement should be certified.

8A  After paragraph 170LT(3)(b)

Insert:

               and (c)  the agreement is not an extended agreement;

9  Subsection 170LT(7)

Omit “paragraph 170LJ(3)(b), subsection 170LK(7) or paragraph 170LR(2)(b)”, substitute “paragraph 170LJ(3)(b), 170LK(2)(c) or 170LR(2)(b)”.

9A  Subsection 170LT(10)

Omit all the words from and including “cannot be”, substitute:

cannot be:

                     (a)  if the agreement is an extended agreement—more than 5 years after the date on which the agreement will come into operation; or

                     (b)  otherwise—more than 3 years after the date on which the agreement will come into operation.

10  At the end of section 170LT

Add:

           (11)  Subsection 170LK(8) (which deals with variations of proposed agreements) does not prevent the Commission from certifying an agreement if:

                     (a)  the proposed agreement was varied as mentioned in that subsection; and

                     (b)  the requirements of that subsection were not satisfied; and

                     (c)  the Commission is satisfied that no person whose employment would be covered by the proposed agreement suffered detriment as a result of that failure.

10A  At the end of section 170LU

Add:

             (9)  Despite section 170LT, the Commission must refuse to certify an extended agreement unless it is satisfied that:

                     (a)  the agreement’s nominal expiry date is appropriate in the circumstances; and

                     (b)  the agreement’s nominal expiry date is in the interests of the employer and the employees who will be bound by the agreement; and

                     (c)  the agreement contains a statement setting out the right of a party to the agreement to apply for a reassessment of whether the agreement passes the no-disadvantage test.

Note:       Subsection 170MCA(2) sets out the right of a party to apply for such a reassessment.

11  After section 170LV

Insert:

170LVA   Hearings not required

             (1)  The Commission must make a decision whether or not to certify an agreement without holding a hearing unless:

                     (a)  the Commission is not satisfied that it can make that decision with the information available to it; or

                     (b)  any of the following persons requests the Commission, in accordance with subsection (2), to hold such a hearing and the Commission is satisfied that there are reasonable grounds for doing so:

                              (i)  the employer;

                             (ii)  a person whose employment will be subject to the agreement;

                            (iii)  if the agreement is made in accordance with section 170LJ or 170LL or Division 3—one or more organisations of employees that made the agreement with the employer;

                            (iv)  if the agreement is made in accordance with section 170LK—an organisation of employees that has notified the Commission, and the employer, in writing that it wants to be bound by the agreement;

                             (v)  a person prescribed by the regulations.

             (2)  The request must be made no later than 28 days after:

                     (a)  if the agreement is made in accordance with section 170LJ—the day on which the agreement is approved as mentioned in subsection 170LJ(2); or

                     (b)  if the agreement is made in accordance with section 170LK or 170LL—the day on which the agreement is made; or

                     (c)  if the agreement is made in accordance with Division 3—the day on which the agreement is approved as mentioned in subsection 170LR(1).

11A  Division 7 of Part VIB (heading)

Repeal the heading, substitute:

Division 7 Changes to nominal expiry dates

12  Subsection 170MC(1)

Omit “certified agreement”, substitute “certified agreement made in accordance with section 170LJ or 170LK or Division 3”.

13  Paragraphs 170MC(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  if the agreement was made in accordance with section 170LJ or Division 3—the employer and the one or more organisations bound by the agreement; or

                     (b)  if the agreement was made in accordance with section 170LK—the employer;

14  After subsection 170MC(2)

Insert:

          (2A)  If one or more organisations are bound by an agreement made in accordance with section 170LK, the Commission must give each organisation an opportunity to make submissions before approving the extension.

          (2B)  However, such an organisation may only make a submission if the organisation has at least one member:

                     (a)  whose employment is subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and

                     (c)  who requested the organisation to make a submission.

14A  After subsection 170MC(3)

Insert:

          (3A)  The Commission must make a decision whether or not to extend an agreement without holding a hearing unless:

                     (a)  the Commission is not satisfied that it can make that decision with the information available to it; or

                     (b)  any of the following persons requests the Commission, no later than 28 days after the day on which the extension occurred, to hold such a hearing and the Commission is satisfied that there are reasonable grounds for doing so:

                              (i)  the employer;

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

                            (iii)  one or more organisations bound by the agreement;

                            (iv)  a person prescribed by the regulations.

15  After subsection 170MC(4)

Insert:

          (4A)  The employer must, within the period of 7 days beginning on the extension day, take reasonable steps to inform each person whose employment is subject to the agreement on the extension day that the person may, no later than 28 days after the extension day, request the Commission to hold a hearing in relation to whether the extension should be approved.

          (4B)  In subsection (4A), extension day means the day on which the employer and the one or more organisations bound by the agreement, or the employer, extended the nominal expiry date of the agreement under subsection (1).

16  Paragraph 170MC(5)(a)

Repeal the paragraph, substitute:

                     (a)  that is an extended agreement; or

16A  After section 170MC

Insert:

170MCA   Bringing forward the nominal expiry date if an extended agreement fails the no-disadvantage test

             (1)  If:

                     (a)  a certified agreement is an extended agreement; and

                     (b)  an application has been made to the Commission under subsection (2) for a reassessment of whether the agreement passes the no-disadvantage test; and

                     (c)  on conducting the reassessment, the Commission finds that the agreement does not pass the no-disadvantage test; and

                     (d)  the agreement has not, before the end of the period of 3 months after the Commission makes the finding, been varied so that it passes the no-disadvantage test; and

                     (e)  the day that would, apart from this section, be the nominal expiry date of the agreement is after that period of 3 months;

the nominal expiry date of the agreement is taken to be the last day of that period of 3 months.

Note:          This subsection in effect gives 3 options to the parties to an extended agreement that is found not to pass the no-disadvantage test. They may vary the agreement appropriately under section 170MD, terminate the agreement under Division 7A or allow the agreement to reach its new nominal expiry date under this section.

             (2)  A party to the agreement may apply to the Commission for a reassessment of whether the agreement passes the no-disadvantage test if:

                     (a)  the application is made more than 3 years after the date on which the agreement came into operation, but before the nominal expiry date of the agreement; and

                     (b)  neither the party, nor any other party to the agreement, has previously made an application under this subsection in relation to the agreement.

16B  Before section 170MD

Insert:

Division 7A Varying or terminating certified agreements

17  Paragraphs 170MD(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  if the agreement was made in accordance with section 170LJ or 170LL or Division 3—the employer and the one or more organisations bound by the agreement; or

                     (b)  if the agreement was made in accordance with section 170LK—the employer;

18  After subsection 170MD(2)

Insert:

          (2A)  If one or more organisations are bound by an agreement made in accordance with section 170LK, the Commission must give each organisation an opportunity to make submissions before approving the variation.

          (2B)  However, such an organisation may only make a submission if the organisation has at least one member:

                     (a)  whose employment is, or will be, subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is, or will be, subject to the agreement; and

                     (c)  who requested the organisation to make a submission.

19  After subsection 170MD(5)

Insert:

          (5A)  The employer must, within the period of 7 days beginning on the variation day, take reasonable steps to inform each person whose employment is subject to the agreement on the variation day that the person may, no later than 28 days after the variation day, request the Commission to hold a hearing in relation to whether the variation should be approved.

          (5B)  In subsection (5A), variation day means the day on which the employer and the one or more organisations bound by the agreement, or the employer, varied the agreement under subsection (1).

20  Paragraphs 170MG(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  if the agreement was made in accordance with section 170LJ or 170LL or Division 3—the employer and the one or more organisations bound by the agreement; or

                     (b)  if the agreement was made in accordance with section 170LK—the employer;

21  After subsection 170MG(2)

Insert:

          (2A)  If one or more organisations are bound by an agreement made in accordance with section 170LK, the Commission must give each organisation or organisations an opportunity to make submissions before approving the termination.

          (2B)  However, such an organisation may only make a submission if the organisation has at least one member:

                     (a)  whose employment is subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and

                     (c)  who requested the organisation to make a submission.

22  At the end of section 170MG

Add:

             (5)  The employer must, within the period of 7 days beginning on the termination day, take reasonable steps to inform each person whose employment is subject to the agreement on the termination day that the person may, no later than 28 days after the termination day, request the Commission to hold a hearing in relation to whether the termination should be approved.

             (6)  In subsection (5), termination day means the day on which the employer and the one or more organisations bound by the agreement, or the employer, terminated the agreement under subsection (1).

23  Subsection 170MH(1)

Repeal the subsection, substitute:

             (1)  Any of the persons mentioned in subsection (1A) may apply to the Commission to have a certified agreement terminated:

                     (a)  after the agreement’s nominal expiry date; or

                     (b)  if the Commission has found under section 170MCA that the agreement does not pass the no-disadvantage test.

          (1A)  The persons are:

                     (a)  the employer; or

                     (b)  a majority of the employees whose employment is subject to the agreement; or

                     (c)  if the agreement was made in accordance with section 170LJ or 170LL or Division 3—an organisation of employees that is bound by the agreement and that has at least one member whose employment is subject to the agreement.

Note:       The heading to section 170MH is altered by omitting “ after nominal expiry date ”.

24  After subsection 170MH(2)

Insert:

          (2A)  However, the Commission may only obtain the views of an organisation that is bound by an agreement made in accordance with section 170LK if the organisation has at least one member:

                     (a)  whose employment is subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and

                     (c)  who requested the organisation to give the Commission views about whether the agreement should be terminated.

25  Paragraph 170MHA(2)(c)

Before “an organisation”, insert “if the agreement was made in accordance with section 170LJ or 170LL or Division 3—”.

26  After subsection 170MHA(3)

Insert:

          (3A)  If one or more organisations are bound by an agreement made in accordance with section 170LK, the Commission must give each organisation an opportunity to make submissions before approving the termination.

          (3B)  However, such an organisation may only make a submission if the organisation has at least one member:

                     (a)  whose employment is subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and

                     (c)  who requested the organisation to make a submission.

27  At the end of Division 7A of Part VIB

Add:

170MHB   Hearings not required

             (1)  The Commission must make a decision whether or not to vary or terminate an agreement without holding a hearing unless:

                     (a)  the Commission is not satisfied that it can make that decision with the information available to it; or

                     (b)  any of the following persons requests the Commission, in accordance with subsection (2), to hold such a hearing and the Commission is satisfied that there are reasonable grounds for doing so:

                              (i)  the employer;

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

                            (iii)  one or more organisations bound by the agreement;

                            (iv)  a person prescribed by the regulations.

             (2)  The request must be made no later than 28 days after:

                     (b)  if the agreement was varied under subsection 170MD(1)—the day on which that variation occurred; or

                     (c)  if the agreement was terminated under subsection 170MG(1)—the day on which that termination occurred; or

                     (d)  if an application under subsection 170MH(1) or 170MHA(1) was made to the Commission to have the agreement terminated or to have the termination approved (as the case may be)—the day on which that termination or approval occurred.



 

Part 2 Application provisions

28  Application of items 1A to 11

The amendments made by items 1A to 11 apply in relation to any agreement where the application to certify the agreement is made after the commencement of this Schedule. The amendments also apply in relation to the applications to certify those agreements.

29  Application of items 12 to 27

The amendments made by items 12 to 27 apply to a decision made by the Commission after the commencement of this Schedule about the extension, variation or termination of a certified agreement in respect of applications for the extension, variation or termination made after that commencement.

(160/02)