Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

This regulation is made for subitem 8(1) of Schedule 2 to the Act.

Despite paragraph 4(1)(a) of Schedule 8 to the Act, the Workplace Authority Director must consider whether a union collective agreement passes the no‑disadvantage test under section 346D of the WR Act if:

the agreement is made under paragraph 333(c) of the WR Act before the WR Act repeal day; and

before the WR Act repeal day the agreement is signed by the employer or employers and organisation or organisations of employees with which the employer or employers made the agreement; and

the agreement is approved by employees under subsection 340(2) of the WR Act and lodged with the Workplace Authority Director in the period starting on the WR Act repeal day and ending 3 months after the WR Act repeal day.

For paragraph (2)(b), a signature to the agreement must be accompanied by:

the full name and address of each person signing the agreement in accordance with paragraph (2)(b); and

an explanation of the person’s authority to sign the agreement; and

the date on which the person signed the agreement.

If:

the agreement is lodged with the Workplace Authority Director; and

the requirements mentioned in subregulation (2) are not met;