The End of The Fairness Test
The Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (see Workchoices) (the Forward with Fairness Act) was passed by Parliament on 19 March 2008 and given Royal Assent on 27 March 2008, coming into operation on 28 March 2008.
The Forward with Fairness Act removed the Fairness Test for Agreements made on or after 28 March 2008 (for AWA’s that were signed on or before 27 March 2008, the 14 day lodgement period remains), and instead introduced the new No Disadvantages Test.
Whilst new agreements will no longer be subject to the Fairness Test, agreements lodged prior to the operation of the Forward with Fairness Act continue to be assessed for the Fairness Test by the Workplace Authority.
Read more about this topic: Fairness Test
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