Business Services Wage Assessment Tool Payment Scheme Act 2015

An acceptance has effect, and is an effective acceptance, only if:

the person accepts the offer in accordance with section 35; and

the acceptance is lodged before 1 January 2019; and

at the time the acceptance is lodged:

if the offer had ceased to be current as mentioned in subsection 34(1) or (2)—the offer has become current again as mentioned in subsection 34(3); and

there is no alternative amount for the person; and

the person is not the representative party in a relevant representative proceeding.

If the representative party in a relevant representative proceeding first withdraws as the representative party, with the leave of the Court, that person could then accept an offer.

To avoid doubt, subparagraph (1)(c)(iii) does not apply to a person who was the representative party in a relevant representative proceeding if, at the time the person lodges an acceptance:

the proceeding has been determined, settled or discontinued; and

the person is not the representative party in any other relevant representative proceeding.