Commonwealth Consolidated Acts

BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME ACT 2015 - SECT 38

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

  (a )   the person accepts the offer in accordance with section   35 ; and

  (b)   the acceptance is lodged before 1   January 2019 ; and

  ( c )   at the time the acceptance is lodged:

  (i)   if the offer ha d 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

  (ii)   the re is no alternative amount for the person ; and

  (iii)   the person is not the representative party in a rele vant representative proceeding.

Note:   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 .

  (2)   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:

  (a)   the proceeding has been determined, settled or discontinued; and

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